STATE OF MADHYA PRADESH Vs. DEVKINANDAN MAHESHWARI

JUDGEMENT

(1.) Delay condoned in S.L.P. (C).......(CC) 7315/02. Leave granted in all Special Leave Petitions.

(2.) In all the above noted cases, the respondents have been sanctioned pension under the M.P. Swatantra Sangram Sainik Samman Nidhi Niyam, 1972 (for short the M.P. Rules, 1972). The State of Madhya Pradesh has however, come up against the judgment of the High Court providing for payment of the pension with effect from the date of application instead of from the date of order of the sanction of the pension.

(3.) So far as the question of grant of pension to the respondents under the above said Rules is concerned, we do not think that any case is made out to interfere with that part of the order. The facts stand duly considered and it has been found that the respondents in the above noted appeals were entitled for the pension under the rules. In the appeal arising out of Special Leave Petition CC No. 7315 of 2002, learned State Counsel has specifically drawn our attention to the fact that the respondent-Avadesh Prasad Shukla had come out with a case that he had jumped into the national movement while he was aged 12 years only and had to be underground in the given circumstances then prevailing. The High Court has discussed the facts in detail and has believed the evidence which was furnished by the respondent and on the basis of the same it has been categorically found that he was legitimately entitled to the pension under the Rules. As observed earlier, we find no justification to interfere with that finding.