GURDIAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant who claims to be a freedom fighter states to have been subjected to harassment and embarrassment by the respondent Authorities for his fault of preferring claim for the grant of pension under the scheme known as Freedom Fighters Pension Scheme, 1972 (hereinafter referred to as "the Scheme"). After he succeeded, with the assistance of judicial process, in obtaining an order for the grant of pension at the rate of Rs. 3000/- per month with effect from 29th April, 1998 (Annexure P-1), he was deprived of the same allegedly for his fault of again approaching the Court for the grant of aforesaid pension with effect from the date of his application in terms of the mandate of this Court in Mukund Lal Bhandari vs. Union of India, (1993) 3 Suppl. SCC 2. The respondent-Union of India not only cancelled the pension sanctioned in favour of the appellant but also directed the recovery of the amounts paid to him in pursuance to the earlier orders passed in his favour. His petition for redressal of grievances was dismissed by the High Court vide the impugned order, allegedly on the ground of there being disputed questions of fact.

(3.) The facts emerging from the documents filed with this appeal are that the appellant, claiming to be a freedom fighter, preferred a claim for the grant of pension vide his letter dated 13-3-1973. In support of his claim, the appellant produced a copy of the driving licence issued in Thailand. It is pertinent at this stage to note that the appellant had claimed to be a driver in the Indian National Army (hereinafter referred to as "INA") raised by Netaji Subhash Chander Bose. As no action was taken, he sent a reminder on 20-8-1974 to the Secretary, Ministry of Home Affairs, Government of India. In response to the information sought to be furnished in terms of the letter of the respondent dated 7th September, 1974, the appellant sent the requisite pro forma on 9-2-1975. On 11-2-1977, the appellant also sent his personal affidavit mentioning the names of the detention camps in Bangkok and Singapore where he was kept as INA prisoner of war for more than six months. He also sent two affidavits of the co-prisoners who were also detained in the said prison, besides furnishing of photostat copy of the INA driving licence No. 13/1206. The appellant despatched, in original, the certificate issued in his favour by Captain Bishan Singh Sanghai of INA regarding his training in weapon in 4th company of the INA. Despite furnishing of all information, his case was rejected by the Director, Ministry of Home Affairs on 7-4-1995 (Vide Annexure P-7). As despite service of notice he was not granted the relief, the appellant was forced to file a Writ Petition No. 12350 of 1996 in the High Court which was disposed of by setting aside the impugned order (Annexure P-7) with a direction to the respondents to re-decide his case in the light of the documents produced in the High Court. Thereafter he appeared before the concerned authorities. The Government of Punjab vide its order dated 29th April, 1998 accorded the grant of provisional 'Swatantrata Samman Pension' to the appellant at the rate of Rs. 1500/- per month w.e.f. 25-4-1998 (Annexure P-9). It was mentioned in the aforesaid order that the pension will be for the life time of the recipient and would be in addition to the pension, if any, sanctioned by the Central Government. The Central Government vide its order dated 22nd May, 1998 (Annexure P-10) also conveyed to the appellant the sanction of the President to grant him provisional pension at the rate of Rs. 3000/- per month with effect from 29-4-1998. It was provided that the pension shall be for the life time of the recipient and be in addition to the pension, if any, sanctioned by the State Government.