ORDER Heard the counsel for the parties. The grievance of the petitioner in the present writ application is that he has been wrongly refused Freedom Fighter pension under pension scheme, 1972. On the sole ground that he did not suffer in jail for less than six months as it also appears from the impugned order as contained in Annexure-5. A counter affidavit has been filed on behalf of the respondents. In paragraph no. 9 it is stated that initially the petitioner claimed jail suffering for a period of 3 months 12 days in his first application. Latter he claimed jail suffering for 71/2 months in support of which he produced two documents, namely, extract from General Register of Begusaral Court of 1942 in respect of G.R. No.970 and copy of judgment dated 22.4.1943 in special Trial No.21 of 1942. However, in the same paragraph it is stated that the petitioner does not qualify for pension even if is presumed, though not admitted, that copy of the G.R. and copy of the judgment are genuinely as he had clearly pleaded no guilty implying thereby that he was not involved in the case. Under the scheme the under trial period will be counted towards actual imprisonment suffered only if trial ends in conviction. In the present case, the trial did not lead to convictions implying thereby that he was not even remotely connected with case in question. Despite repeated query, learned counsel for the Union of India could not point out from the scheme that under trial period is to be counted towards actual imprisonment suffered only, if trials end in conviction. From the scheme, contained in Annexure 5 to the counter affidavit, it appears that purpose of grant of scheme of Freedom Fighter is to a person who had suffered a minimum imprisonment for six months in the jail before independence. Thus, I find that the case of the petitioner has not been considered by competent authority, while refusing the grant of pension, in the light of the scheme. Accordingly, the writ application is allowed and the impugned order contained in Annexure 5 is quashed with a direction to respondents to consider the case of the petitioner afresh in the light of the scheme and in accordance with law and dispose of the same within a period of two months from the date of receipt/production of a copy of this order. Application allowed.