LAWS(KAR)-2011-9-142

RAM KRISHNA S/O. BHIM RAO PATANGE Vs. GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS REPRESENTED BY ITS SECRETARY (FREEDOM FIGHTERS DIVISION), LOKANAYAKA BHAVAN, 1ST FLOOR, NEW DELHI-110001 AND STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DPA

Decided On September 16, 2011
Ram Krishna S/O. Bhim Rao Patange Appellant
V/S
Government Of India, Ministry Of Home Affairs Represented By Its Secretary (Freedom Fighters Division), Lokanayaka Bhavan, 1St Floor, New Delhi -110001 And State Of Karnataka Represented By Its Secretary, Dpa Respondents

JUDGEMENT

(1.) WRIT appeal by a person who was a freedom fighter and has been receiving freedom fighter pension by the State Government, whose efforts for securing pension under Central Government Scheme to recognize such freedom fighters has come to halt in view of the communication dated September 21st, 2010 [copy produced as Annexure -L to the writ petition] declining the request on the premise that the material placed by the very petitioner indicates that the petitioner had not undergone six months imprisonment for the cause of liberation of erstwhile State of Hyderabad from the rule of Nizam, as the certificate issued by the Jail Authorities showed that the imprisonment was on and after the date subsequent to the liberation of erstwhile State of Hyderabad namely on and after 17.8.1949; to be precise the date indicated in the certificate issued by the prison authorities dated 14.12.1357 (Fasli). Writ petition is for quashing of the communication at Annexure -L and consequential directions to the Central Government, but came to be dismissed by the learned single Judge by this Court as per the order dated 10.02.2011 and as against this order the present writ appeal.

(2.) WE have heard Sri. Ustad, learned counsel appearing for the appellant, Smt. Archana P. Tiwari, Assistant Solicitor of General appearing for respondent No. 1 -Central Government and Sri. Manavendra Reddy, learned Government Advocate for respondent No. 2 -State Government.

(3.) IT is for this reason the learned counsel for the appellant seeks for allowing of the writ appeal, to set aside the order of the learned single Judge, to quash the endorsement issued by the Central Government and to issue consequential directions etc.