MANIBHAI NATHJI PANDYA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner, by way of this petition under Art. 226 of the Constitution of India, has prayed for an appropriate writ, order or direction directing the respondents to grant him pension under the Swatantrata Sainani Samman Pension Scheme, 1980 from the date of his first application, i.e., 11-3-1974 till date.

(2.) It appears, that the petitioner made an application to the State Government on 11-3-1974, which was forwarded to respondent No. 1 Union of India on 15th June, 1974. It appears that respondent No. 1 rejected the said application on the ground that the State Government has not recommended the case of the petitioner, that the claim of sufferings made by the petitioner was for less than six months and that his annual income is Rs. 8,184.00 which is more than the income-ceiling of Rs. 5000.00. The petitioner was informed about the said decision on 29-7-1974. The petitioner once again made an attempt to get pension by making another application. The State Government, on 6-1-1984 forwarded the case of the petitioner with the remarks that his claim of jail suffering was from April, 1943 to September, 1943 alongwith the certificate of co-prisoner Shri Dinkerbhai Desai. Respondent No. 1, however, rejected this application on the ground that the petitioner has not submitted the jail certificate or N.A.R.C. (Non-Availability of Record Certificate) in support of his claim and also on the ground that the State Government has not recommended the case of the petitioner specifically. The petitioner was informed about this rejection of his application vide letter dated 30-3-1984. It appears that the petitioner had thereafter made several representations either to the State Government or to the Central Government but having failed to get the relief, he has moved this Court by way of this petition.

(3.) Before appreciating the case on merits, it is necessary to refer to the provisions of the 1980 Pension Scheme under which the petitioner is claiming pension. Government of India, during the Twenty-Fifth Anniversary (Silver Jubilee Year) of Independence, introduced a Central Scheme for the grant of pension to freedom fighters and their families from Central Revenues. The said Scheme commenced from 15th August, 1972 and provided for the grant of pension to living freedom fighters and their families; if they are no more alive, and to the families of martyrs. Till 31st July, 1980, the freedom fighters pension was admissible only to those who were in need of financial assistance on account of their meagre annual gross income. Thus, annual income ceiling of Rs. 5,000.00 was enforced for eligibility to pension. From 1-8-1980, the benefit of the pension Scheme has been extended to all freedom fighters as a token of SAMMAN to them. Clause 2 of the said Scheme deals with enhanced rate of pension. Clause 3 deals with the eligible dependents and clause 4, which is relevant for our purposes, dealing with the eligibility of grant of Samman pension, reads as under :