NATVARLAL DAHYALAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India praying for direction to the respondents to grant freedom fighters pension forthwith to the petitioner under SSS Scheme with effect from the date of his application i.e. 13.02.1991 to the respondent No.2 with interest at the rate of 12% p.a. from the date of application till the realization of the amount, in the interest of justice and further prayed for quash and set aside the communication dated 15.06.2009 issued by the respondent No.1.

(2.) Heard Mr.N.M.Kapadia, learned advocate for the petitioner and Mr.Rohan Yagnik, learned AGP for the respondent State.

(3.) Mr.N.M.Kapadia, learned advocate for the petitioner has submitted that the petitioner is a freedom fighter. The petitioner took active part in freedom struggle, "Quit India" movement. On 09.08.1942 the "Quit India" movement started. The petitioner actively participated in the Freedom Struggle and "Quit India" movement by showing protest, shouting slogans, taking part in "Prabhat Pheri", helping in arranging and organizing lectures (Sabha), distributing pamphlets, preparing country made bombs. On 09.08.1942, when the petitioner alongwith others was pasting pamphlets on parabadi, the police fired at the petitioner and he suffered bullet injury on the right leg below ankle as a result of which he sustained permanent disability. His one academic year was also lost. Time and again the petitioner was arrested and beaten but due to tender age his name did not appear in record. The petitioner also boycotted government job on the command of Mahatma Gandhiji.