DHIRAJLAL HARIKISHANDAS SIKLIGAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioner is present. Shir J.D. Ajmera, learned counsel for the respondents is present. The petitioner, who claims himself to be a true patriot and fought for the freedom struggle of the country, has filed this writ petition for issuance of a writ of mandamus to the respondents to sanction in his favour Swatantrata Senani Samman Pension. The petitioner applied for freedom fighters pension in. 1972. But he was refused pension as he was not found eligible for the same on the ground that he was imprisoned for less than six months. The petitioner submitted that later on a relaxation has been made in the aforesaid eligibility condition for the entitlement of the freedom fighter's pension. In case of women, Schedule Caste and Scheduled Tribe Candidates, eligibility period of six months imprisonment is reduced to three months only. The aforesaid relaxation has been made effective from 1.8.1980 under the liberalised Swatantrta Sanani Samman Pension Scheme. The petitioner thereafter applied again in the year 1984 for sanction of Swatantrata Senani Samman Pension. It is further stated in the writ petition that the petitioner is entitled for the said pension under 1980 Scheme, as he fulfils all the requisite conditions prescribed therein for its entitlement. But he has not been granted that pension. It has further been stated in the writ petition that he lost his job due to participation in the freedom movement and as such this is another ground on the basis of which he becomes eligible to receive the said pension. The petitioner stated that he sent several reminders, but till date, the pension has not been sanctioned.

(2.) This writ petition has been filed by the petitioner in this Court on 24.1.1995. Notice was issued to the respondents on 13.2.1995. They filed counter affidavit in this case on 26.4.1995. The respondents admitted in their reply that the government had refused to grant the pension to the petitioner under the liberalised scheme for freedom fighters' pension, 1972. Under the revised liberalised scheme this pension has been renamed as Swatantrata Senani Samman Pension Scheme, 1980. The last date for receipt of the applications under the said revised scheme was 31.3.82. But later on the Hon ble Supreme Court in W.P. No. 153 of 1992. Mukund Lal Bhandari and others vs. Union of India, 1993 AIR(SC) 2127have laid down that the applications of the freedom fighters for grant of Swatantrata Senani Samman Pension should be accepted irrespective of the date on which they are made. The respondents submitted that in the case of Mukund Lal Bhandari vs. Union of India the Hon ble Supreme Court have laid down guidelines for deciding the pension cases of freedom fighters. These guidelines are reproduced by the respondents in para 2 of the counter affidavit which are as follows:

(3.) As regards the sufficiency of the proof of the documents, the Hon ble Supreme Court in the case of Mukund Lal Bhandari has laid down as under: