S M NEZAMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri S.M.Nizamuddin has claimed to be freedom fighter. His pension under the Scheme now known as "Swatantrata Sainik Samman Pension Scheme" issued by the Ministry of Home Affairs, Union of India, has been refused. Hence he has approached this Court for issuing of mandamus directing the Government of India to consider his name and consequently to pay the pension to him.

(2.) . The petitioner has based his claim on the ground, that he took active role in freedom struggle. Criminal cases were lodged against him, pursuance to which warrants of arrest were issued. In order to avoid the arrest, he went underground and while he was underground he continued his activities in furtherance to the struggle for freedom.

(3.) . The principles governing the Central Scheme of Pension can be summarised as follows:-