SADASHIVA RAJ PUROHIT Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the denial of his prayer for payment of pension from the date of his application, a 77-year-old freedom fighter has approached this Court. He is aggrieved by the impugned order dated 13.7.2006 of a learned Single Judge rejecting his writ petition. Facts:

(2.) First, the facts. The appellant, a resident of Raichur, had participated in the Hyderabad Liberation Movement. He was arrested twice by the then Hyderabad police in 1947-48. He had been imprisoned for two periods from 2.10.1947 to 9.11.1947 and from 1.6.1948 to 25.8.1948 and remained underground from 15.2.1948 to 1.6.1948. Some time after the 'Freedom Fighters' Pension Scheme' was announced in 1972, the appellant applied for grant of pension. On 11.8.1973 Deputy Commissioner, Raichur forwarded the appellant's application for grant of pension, to the Secretary, Ministry of Home Affairs, Government of India, the respondent herein. This application was initially rejected on 27.6.1974 on the ground that the appellant's annual income was beyond a limit prescribed under the said Scheme.

(3.) In 1980 a reformulated Scheme under the nomenclature of the 'Swantantrata Sainik Samman Pension Scheme' was announced by the Central Government. The income restriction under the earlier Scheme was removed. Consequently, on 17.8.1981 the appellant again applied for pension. By a letter dated 24.4.1982 the Chief Secretary, Government of Karnataka, informed the appellant that his application had been forwarded to the Respondent. On 4.10.1989, the Chief Secretary, Government of Karnataka wrote to the respondent pointing out that the appellant had furnished documentation concerning the period of imprisonment and underground work. It was further stated in this letter as under: