LAWS(KAR)-2021-9-106

GUNDURAO DESAI Vs. STATE OF KARNATAKA

Decided On September 07, 2021
Gundurao Desai Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Petitioner claiming to be a freedom fighter is knocking at the doors of writ Court grieving against the endorsement dated 20.07.2019, a copy whereof is at Annexure-P which has the following text:

(2.) The net effect of the above Endorsement is the rejection of petitioner 's claim for Freedom Fighters Pension on the ground that he has not produced the affidavit of two persons who were detained with him because of their participation in the struggle for Independence of the country, those days; petitioner had made the claim for pension on 19.03.1998 itself; except that the file moved from this office table to that, nothing has happened though more than two decades have slipped away; at least, as a concession to the shortness of human life, things could have been accomplished in a few years, even if they were moved with snail speed; that did not happen, reveal the records; be that as it may.

(3.) After service of notice, the official respondents have entered appearance through the learned AGA who vehemently opposes the writ petition contending that the requirement of producing certain documents is a matter of State Policy that regulates grant of Freedom Fighters Pension and therefore the impugned endorsement which is structured on this requirement cannot be faltered; he hastens to add that an argument to the contrary has abundant abuse potential inasmuch as even unscrupulous claims may be sustained and therefore no concession in matters of the kind can be shown as to requirement of producing the necessary documents; so contending he seeks dismissal of the writ petition.