R NAJRAYANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) - Delay condoned.

(2.) Leave granted. Heard counsel for the parties. The appellant, who is a freedom fighter was refused the grant of pension under the Swatantrata Sainik Samman Scheme by the Ministry of Home Affairs, Union of India and hence the appellant approached the High Court for the issue of a writ of certiorarified mandamus. The appellant's writ petition was dismissed by a learned single Judge and the writ appeal against the said order was also dismissed by a Division Bench. Hence the present appeal by special leave.

(3.) Initially, the appellant sought the grant of pension on the ground that as a freedom fighter he was kept in police custody for fifteen days and after conviction he underwent imprisonment for three and a half months. Since under the Freedom Fighters' Pension Scheme, a freedom fighter must have undergone a minimum period of imprisonment for six months for his participation in the freedom struggle in order to get pension under that head, the appellant was refused pension. Thereupon, he applied for grant of pension on another ground viz. that he had suffered permanent loss of vision in his left eye due to brutal lathi charge by. the police against freedom fighters. The appellant's claim of permanent loss of vision in the left eye was duly certified by Government doctors. The District Collector, after making a detailed enquiry, certified the claim of the appellant as a bona fide one and recommended his case for grant of pension by letter dated 13-9-84.