GOVERNMENT OF INDIA Vs. NOORJAHAN

JUDGEMENT

(1.) (Order of the Court was made by N.PAUL VASANTHAKUMAR,J)

(2.) The learned Single Judge taking into consideration the certificate issued by the All India INA Committee dated 18.9.1998 which is not disputed by the Government held that the petitioner's husband was a genuine freedom fighter and following the earlier decisions of the Supreme court and this Court, allowed that Writ Petition with a direction to grant Freedom Fighters' Pension under the said scheme to the petitioner from the date of application dated 01.10.1997 submitted by the petitioner's husband, who died on 19.12.2001, within a period of twelve weeks from the date of receipt of a copy of that order.

(3.) Similar issue was considered by the First Bench of this Court in W.A.No.176/2014 by judgment dated 26.2.2014 wherein also, the similar certificate issued by the All India INA Committee was placed as an evidence. The Division Bench following the judgment of the Supreme Court in Gurdial Singh v. Union of India and Others, 2001 8 SCC 8, particularly paragraphs 6 and 7 as well as the judgment of the Supreme Court in Government of India vs. K.V.Swaminathan, 1997 10 SCC 190dismissed the Writ Appeal wherein also the pension was ordered to the Ex-INA person from the date of the recommendation made by the State Government for the sanction of "Swatantra Sainik Samman Pension".