GOVT OF INDIA Vs. JAYAMAL BHAI JAYANTILAL THAKORE

JUDGEMENT

(1.) The Union of India has filed this Letters Patent Appeal against the judgment and order dated 23.9.2005 passed by the learned Single Judge, wherein the learned Single Judge has allowed the petition of the original petitioner (respondent No.1 herein) and held that the petitioner is entitled to get pension under the Swatantra Sainik Samman Pension Scheme, 1980 (hereinafter referred to as "the Scheme") with effect from the date of his application and the respondents are directed to calculate and pay the amount of arrears of pension under the Scheme within three months from the date of receipt of writ of the order.

(2.) The case of the petitioner Shri Jaymalbhai Jayantilal Thakore before the learned Single Judge was that from September 1942 to March 1943 the petitioner remained underground actively participating in freedom struggle while remaining underground and he had actively taken part in the freedom movement "Hind Chhodo Andolan" (Quit India Movement) along with Mahatma Gandhi without caring for his life. It is the case of the petitioner that the petitioner evaded arrest right from November 1942 till March 1943. The police could not arrest because he was repeatedly escaping and he was absconding. According to the petitioner, the petitioner remained underground all this time and, therefore, he was entitled to Swatantra Sainik Samman Pension Scheme introduced by the Central Government in 1980. In support of his claim, the petitioner relied upon the following documents:

(3.) Relying on the above documentary evidence, the petitioner filed a petition before the learned Single Judge of this Court for claiming pension. The petition was filed in May 1999. The State Government as well as the Union of India filed counter affidavits.