UNION OF INDIA Vs. GANESH CHANDRA DOLAI

JUDGEMENT

(1.) Leave granted.

(2.) The respondents applied before the central government for grant of freedom fighters' pension. The government of India on consideration of the application of the respondents granted freedom fighters' pension w. e. f. the date of the order. The respondents filed a writ petition before the High court claiming pension with retrospective effect from 1980. The High court relying upon Duli Chand v. Union of India directed that the freedom fighters' pension be given to the respondents w. e. f. 1980. This appeal by the union of India is against the judgment of the High court.

(3.) On 27/3/1995 we passed the following order: "mr V. R. Reddy, the learned Additional Solicitor General, states that under the scheme and the guidelines, the respondents were only entitled to freedom fighters' pension prospectively because these were the cases where benefit of doubt was given to them. Learned counsel for the respondents states that this averment has been made for the first time in this court. He wishes to controvert it. Special leave petition is adjourned for four weeks. "