STATE OF GUJARAT Vs. SHANTILAL HALUBHAI JANI

JUDGEMENT

(1.) ALL these appeals are arising out of a common judgment and order dated 29. 4. 2006, passed by the learned Single Judge in writ petitions filed by respective petitioners. Special Civil Application No. 7693 of 1999 was preferred seeking a direction to the State Government to pay pension under Freedom Fighters' Pension Scheme 1972, now known as "swatamtrata Sainik Sanman Pension Scheme, 1980" and also for consequential reliefs. Petitioner has stated in the writ petition that he had participated in the Quit India Movement, 1942. Further he has also claimed that he was arrested by the Police and kept in custody for a period of 15-20 days in the year 1942 in connection with Quit India Movement. Petitioner having come to know about Freedom Fighter's Pension Scheme, submitted an application in the year 1972-73, but was of no avail. Petitioner again submitted an application on 16. 1. 1986 before the Collector with necessary certificates including certificates issued by Ex-M. L. A, Baroda Shri Bhogilal Nathalal Shah and Irrigation Minister of Gujarat State Shri Purshottamdas Ranchhoddas Patel. Petitioner had also submitted an application before the Police Inspector, in-charge of Mehsana City for getting a certificate that he had undergone imprisonment for a period of 15 days, but he did not get any reply. Petitioner later came to know that similarly situated persons were given the benefit, namely one Chinubhai Chandulal Shah had preferred Special Civil Application No. 29 of 1998, which was allowed by this Court and directed for payment of Freedom Fighter's pension and he was accordingly paid, but so far as the case of present petitioner is concerned, no decision has been taken by the respondent State and hence, he has approached this Court with the writ petition. Petitioner has produced a letter of honour dated 15th August, 1972, issued by Collector and Chairman of Mehsana District, acknowledging that petitioner had participated in the freedom struggle. A certificate dated 26. 6. 1972 issued by Shri Bhogilal Nathalal Shah was also produced to show that petitioner had participated in the freedom fighters' movement, 1942 and that petitioner was arrested by the Police and was kept in custody for more than 15 days. Letter dated 8. 10. 1972 received from Shri Purshottamdas Ranchhoddas Patel, the then Irrigation Minister of Gujarat State was also produced.

(2.) IDENTICAL reliefs are being sought by the petitioners in Special Civil Application Nos. 9467 of 1999 and 6100 of 1992.

(3.) DETAILED counter affidavit has been filed by the Collector, Mehsana. In the affidavit, Collector has stated that he had made a request to the Jail Superintendent, Mehsana to verify the jail records so as to ascertain as to whether petitioner had undergone jail sentence from 14. 9. 1942 to 28. 9. 1942, but the jail records did not support his claim. Further it is also stated that petitioner's request for grant of pension was earlier rejected by the General Administration Department by their letter dated 7. 9. 1992 and petitioner was informed the same by office letter dated 28. 9. 1992, and petitioner has approached this Court after a period of 7 years. It was stated that petitioner had not undergone jail sentence during the relevant period, and there is no merit in the claim made by the petitioner.