LALJIBHAI GARBADDAS THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.K.T.Dave, Ld.AGP waives service of rule for the respondent. With the consent of learned counsel for the parties the matter is taken up for final disposal.

(2.) What is challenged in this petition under Article 226 of the Constitution is the non-payment of pension to a freedom fighter from the date of his entitlement till the date of the order sanctioning him the pension i.e. from 16.8.1990 to 1.8.1999. In view of several decisions, particularly, in Mukundlal Bhandari vs Union of India in AIR 1993 SC 2127, there is no doubt that whenever freedom fighter is found to be eligible to get pension, the benefit should be made available to him from the date of his entitlement.

(3.) Mr.N.M.Kapadia, Ld.advocate for the petitioner, however, submits that since the petitioner has not been paid arrears of pension with effect from the date of his application, the respondents should be saddled with penal interest as the respondents can not act in such an arbitrary manner with old freedom fighters compelling them to knock the doors of this Court for getting what is due and legitimate and what is legitimately payable to them in view of the law laid down by the Honourable Supreme Court in the case of Mukundlal Bhandari (supra). He has further prayed for exemplary costs.