THAKORLAL CHUNILAL TILVAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. N.M. Kapadia for the petitioner. Mr. S.P. Hasurkar and Mr. P.K. Shukla, learned Additional Government Pleader and Assistant Government Pleader for the State of Gujarat. The petitioner herein namely, Shri Thakorlal Chunilal Tilvawala, aged 74 years, has filed the present Special Civil Application for grant of pension to him from the discretionary fund of the respondent State under Swatantra Senani Sanman Pension Scheme from the date of his application with penal interest at the rate of 24% per annum from the date of entitlement till the date of payment of arrears alongwith special exemplary compensation and cost.

(2.) The petitioner has come with the case that he took active part in Quit India Movement 1942 by distributing materials against the then British Government and also participated in related activities. It is also stated that a warrant of arrest came to be issued against him at that time and in order to evade the same he had to remain underground for some period between 9th August, 1942 to December, 1945. For the first time he moved an application for the grant of aforesaid pension on 9th August, 1990. He also produced a Certificate dated 26th May, 1991 from a freedom fighter Dwarkadas Bapubhai Patel and yet another certificate dated 13th July, 1991 from a freedom fighter Tribhuvandas Patel who had remained in jail for a period over 2 years. The petitioner has submitted that these documents were submitted by him vide his letter dated 15th July, 1991. He then referred to a letter dated 13th December, 1991 sent to him by the Collector, Ahmedabad to apply in the form annexed as 'I'. The petitioner had already written letters dated 7th August, 1991 to the Police Commissioner, Ahmedabad and the Superintendent of Central Jail mentioning therein that he was required to produce the warrants of arrest which may have been issued against him during the period of 9th August, 1942 to 1945 although he had not been arrested. By his letter dated 19th August, 1991 sent to the Collector, he informed him (the Collector) that the required documents must have been received by him (the Collector) and filing of no more documents is necessary. In his letter dated 19th August, 1991, he has also referred to the copies of certificates issued by Tribhuvandas Ranchod and Manubhai Motibhai Patel etc. The petitioner then received a letter dated 16th March, 1992 from the Collector, Ahmedabad informing him that the petitioner is not entitled to get any pension out of the discretionary fund of the Government and his request was declined. The petitioner again moved an application dated 20th December, 1993 to the Collector setting out therein the names of other freedom fighters who had filed certificates in Annexure I form and submitted that the same may be treated for the purpose of his case also. A Certificate dated 16th December, 1993 issued by Kantilal Ambalal Subodh was also filed. However, the District Collector, Ahmedabad again conveyed to the petitioner that his application had already been rejected on 16th March, 1992.

(3.) The petitioner then moved an application dated 12th February, 1994 before the Education and Home Department reiterating his request and moved yet another application before the Collector, Ahmedabad. On 20th September, 1997 the petitioner was asked that in case he was present at the Cultural Programme on the eve of Golden Jubilee of Indian Independence and in case he had been granted the gold medal and the shawl etc., he may produce the details thereof before the Collector latest by 24th September, 1997. The petitioner has then referred to a certificate issued by All Gujarat Underground Swatantra Senani Sangh certifying that the petitioner had worked as an underground worker in the freedom struggle and is certified to be a freedom fighter. This document bears the date of 24th May, 1998. The petitioner has also enclosed a copy of the Abhivadan Patra dated 15th August, 1999 issued under the signature of the Chief Minister of the State of Gujarat. According to the petitioner, the contents of this Abhivadan Patra are sufficient to prove the petitioner to be a freedom fighter. A copy of the Identity Card issued by the Resident Deputy Collector, Ahmedabad with the photograph of the petitioner has also been annexed as issued by the Collector, Ahmedabad certifying the petitioner to be a freedom fighter. A copy of the invitation sent by the Raj Bhawan inviting him to the function on 15th August, 1999 as a freedom fighter has also been enclosed. It appears that the State Government has now firmly found that the petitioner was entitled to the Freedom Fighters' Pension for which he had applied way back on 9th August, 1990 and accordingly, the order dated 4th August, 1999 has been issued by the General Administration Department of the Government of Gujarat granting him monthly pension of Rs.1,500.00 with effect from 01.08.1999.