RAMANLAL KESHAVLAL RANA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This group of 37 petitions has been filed under Article 226 of the Constitution of India seeking direction to the respondent to sanction pension under Freedom Fighters: Pension Scheme, 1980, formerly known: Freedom Fighters' Pension Scheme, 1972. Since the primary question of consideration arising for determination is same and similar, this group of petitions is disposed of by this common judgment.

(2.) In the year 1972, on the eve of the Silver Jubilee of the Independence Day central scheme for grant of pension to freedom fighters' and their families was introduced by the Government of India in the name of Freedom Fighters' Pension Scheme, 1972. This scheme commenced with effect from 15.8.1972 and provided for grant of pension to living freedom fighters and their families if they are no more and to the families of martyrs. The minimum pension sanctioned to the freedom fighters was Rs. 200.00 per month and for their families varied from Rs. 100.00 to Rs. 200.00 in accordance with the size and number of eligible dependents. The benefit of the Pension Scheme has been extended to all freedom fighters. The benefit of the Scheme was available only to the persons whose annual income does not exceed Rs. 5000.00 . This scheme was liberalised with effect from 1.8.1980 and the benefit of the scheme was extended to all the freedom fighters as a token on 'Samman'. Thus, the 1980 Pension Scheme is also known as 'Samman Scheme'.

(3.) The maximum quantum of pension was also increased from Rs. 200.00 to Rs. 300.00 for freedom fighters and the minimum was enhanced from Rs. 100.00 to Rs. 200.00 to widows of the late freedom fighters with an addition of Rs. 50.00 per month per each unmarried daughters with a maximum of Rs. 300.00 per month. Clause IV of the Scheme provides eligibility for the 'Samman Pension' as under: