MADHUBEN HIRUBHAI BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India seeking direction to the State Government and the Central Government to give Swatantra Sainik Sanman Pension to the petitioner from the date of its implementation and further grant interest from the date of implementation till today. The petitioner has also prayed for the direction to the respondents to grant pension to the petitioner alongwith interest at the rate of 12% right from 1980 till today.

(2.) THIS Court has admitted the petition and detailed order was passed on 24. 8. 1999 wherein the Court has observed that in view of the relevant provisions of the Scheme quoted hereinabove and the copies of the certificates which are annexed to this petition, this is a case which requires reconsideration by the State Government. The Court, therefore, directed by the said interim order that the State Government shall reconsider the petitioner's case within a period of one month from the date of the said order i. e. 24. 8. 1999 and to place the decision/recommendation to the Central Government on the record of this petition.

(3.) PURSUANT to the said order an affidavit is filed on behalf of the State Government on 22. 10. 1999 wherein it is stated that as per the direction of this Court the State Government had reconsidered the petitioner's case and recommended the petitioner's case to Central Government for its consideration under Swatantra Sainik Sanman Pension, 1980 vide letter dated 10. 9. 1999. In the said letter the State Government has recommended that the petitioner has taken active part in Quit India Movement in the year 1942 and remained underground for more than two years.