REVANDAS NANJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Counsel Mr. N.M. Kapadia for the petitioner and learned A.G.P. Mr. K.L. Pandya for the respondent-State.

(2.) By invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, direction or order in terms of Sub-paras (a) and (b) of Para 5 of the petition and for the sake of brevity and convenience, I would like to reproduce the same.

(3.) It is contended by the petitioner that he is a freedom fighter and sustained injury during lathi charge by the police personnel when he was shouting slogans against the Britishers on 10th November, 1942. In the said accident, one of the lathi blow struck to the left side eye of the petitioner and ultimately the petitioner lost the sight/vision of his left eye. The place of incident which was occurred on 10th November, 1942 is also specifically mentioned in para 1 of the petition, i.e., Panch Chakla area, Viramgam. It is relevant to note that in those days, Viramgam was an important Railway junction and number of trains passing through that junction were either checked thoroughly or supervised by the British Agency and especially the trains which were travelling to Saurashtra area ruled by member of Princely State. It is submitted that to appreciate the sacrifice the youth surrendered for the freedom fighting movement decided to grant pension by carving out special scheme and undisputedly such pensions are being paid to thousands of freedom fighters throughout the country. According to the petitioner, there is no specific guideline issued by the State Government for proving the case that freedom fighter has suffered in any other manner during the movement and the State Government has granted family pension to freedom fighters on production of some adequate evidence as to the participation in the freedom fighting movement.