LAWS(DLH)-2003-11-127

MAHENDER SINGH Vs. UNDER SECRETARY FREEDOM FIGHTER CELL

Decided On November 24, 2003
MAHENDER SINGH Appellant
V/S
UNDER SECRETARY, FREEDOM FIGHTER CELL Respondents

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus directing the respondents to release the 'Freedom Fighters' pension to the petitioner w.e.f. 01.08.1980 in terms of the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as 'the said Scheme').

(2.) Learned counsel for the petitioner has, in the first instance, referred to the scheme. He states that the petitioner would be covered under explanation 5 of paragraph 4 of the said scheme which reads as under:-

(3.) The petitioner claims to be a person who remained underground for more than six months and that he was a proclaimed offender. Accordingly, the petitioner claims eligibility for the grant of pension under the said scheme in terms of paragraph 4 referred to above. The scheme provides for the manner of application, availability of application forms, the time within which the applications are to be made, how the claims are to be proved, etc. In this case, the petitioner made the application on 20.06.1981 which is within the time prescribed.