UNION OF INDIA Vs. KASHISWAR JANA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Calcutta High Court allowing the Writ Petition filed by the respondent. The controversy lies within a very narrow compass. The respondent claimed to be a freedom fighter and claimed freedom fighter's pension. The application in this regard was filed on 28th July, 1981. The application was rejected by the Central Government on 29.1.1993. A Writ Petition was filed before the Calcutta High Court questioning correctness of the order of the Single Judge.

(3.) Feeling aggrieved by the said order the Division Bench was moved in a Letters Patent Appeal which was dismissed. A special leave petition was also filed before this Court which was rejected as barred by time. The question that arose was the date from which the respondent was entitled to pension. Appellants released the pension with effect from 4th August, 1993 when the writ petition filed by the respondent was allowed by the learned Single Judge. Respondent claimed pension from the date of filing of the application. According to him he is entitled to pension from 28.7.1981 when the application was filed by him. Reference was made to the decision of this Court in M.L. Bhandari v. Union of India [AIR 1993 SC 2127].