(1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State, Sri K.K. Srivastava, holding brief of Sri I.H. Farooqui, Assistant Solicitor General of India for Union of India and perused the record.
(2.) The instant writ petition under Article 226 of the Constitution of India has been preferred against the impugned order dated 17.12.2009, passed by the opposite party No.3- Deputy Secretary, Home, Anubhag II, Civil Secretariat, Lucknow, contained as Annexure No.1 to the writ petition, by which the petitioner's application for grant of pension under 'Swatantrata Sangram Senanio Aur Unke Pariwaro Ko Diye Jane Wala Anudan Tatha Pensiono Ko Viniyamit Karne Ke Samband Main Niyamawali' (in short Rules), has been rejected.
(3.) The State of U.P. and Government of India have framed separate schemes to acknowledge the services rendered by the citizens during struggle for independence of country and one another scheme has been framed to compassionate such persons who have sacrificed their lives for the sake of country. The petitioner, who is aged about 84 years, claims to be one of them. He has moved an application for grant of pension under the aforesaid rules and the same has been rejected by the impugned order on the ground that he does not fulfil necessary conditions provided under the rules.