PRABHU NATH MISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Om Prakash Ojha, holding brief of Shri Salycndra, the learned counsel of the petitioner. Shri A. K. Sinha, the learned Additional Standing Counsel of the Central Government, representing the respondent Nos. 1, 2 and 3, and Shri Vinay Malviya, the learned standing counsel of the State of U. P., representing the respondent Nos. 4 and 5.

(2.) The prayer of the petitioner, in this petition under Article 226 of the Constitution of India, is to issue a writ, order or direction in the nature of mandamus, directing the respondent Nos. 1, 2 and 3 to sanction the pension to the petitioner under Liberalised Pension Rules, 1980, forthwith. The petitioner has further prayed for issuing a writ, order or direction in the nature of mandamus commanding the respondents to dispose of the applications of the petitioner dated 13.8.1986, 11.9.1991, 20.3.1992 and 15.11.1992.

(3.) According to the averments made in the writ petition, the application dated 21.7.1981, filed by the petitioner along with his affidavit and the certificates, issued by prominent freedom-fighters, under the Freedom Fighters Pension Scheme, 1972 for the grant of pension to him as a freedom fighter, was rejected by the Government of India vide letter dated 25.5.1983, a copy of which is Annexure-3 to the writ petition. A perusal of the letter dated 25.5.1983 Annexure-3 shows that the application of the petitioner was rejected mainly on two grounds, namely, that the case of the petitioner could not be verified from the official records, and that the State Government has not recommended his case for pension. It is relevant to point out here that the petitioner has not challenged the said order rejecting his application dated 21.7.1981.