RAM SUMIRAN PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner who is 83 years old freedom fighter had to knock the door of this Court in order to get freedom fighter's pension. The petitioner prays for quashing the order dated 20-12-1994 passed by the Dy. Secretary, U. P. Govt. as contained in Annexure13.

(2.) The petitioner has alleged himself to be a freedom-fighter and is entitled to the pension under the "Uttar Pradesh Swatantrata Sangram Senaniyon Aur Unke Parivaron Ko Diye Jane Wale Anudan Tatha Swatantrata Sangram Pension Sambandhi Niyam." The petitioner has taken part in the freedom of the country and participated with the same along with late Pt. jawahar Lai Nehru and late Mahatma Gandhi. The petitioner was arrested from the meeting which was held on 28/03/1941 and was sent to District Jail, Faizabad. He remained in District Jail, Faizabad from 2-4-1941 to 23-5-1941. On 2-4-1941 he was punished under Section 38 (5) (121) of Defence of India Rules for one month's R.I. and to pay a fine of Rs. 30.00 and in default of payment of fine he was ordered to undergo further R.I. for one month. Copy of that order is Annexure-I to the writ petition. Annexure-2 is certificate issued by the Superintendent Jail, Faizabad on 17-5-1961 certifying the period of detention of the petitioner in jail. When the petitioner came out of the jail, he was again arrested with some posters and letters and was detained in jail under the Defence of India Rules and was punished for 6 months' R.I. and to pay a fine of Rs. 30.00 and in default he was ordered to undergo further R. I. for one and a half month. The petitioner has to remain in jail from 4-6- 1941 to 28-12-1941. A certificate to that effect was issued to the petitioner by the Superintendent Jail, Faizabad on 20-9-1973, copy of which is Annexure-3 to the writ petition.

(3.) It is alleged that the petitioner was enrolled in Military service in Dogra Regiment as Hawaldar on 20/10/1942 but his services were discharged on 15/02/1943. It is alleged that on 3-12-1973 the petitioner moved an application along with certificate for grant of pension from central revenue to freedom fighters and his family to Govt. of India. The President of India was pleased to sanction pension at Rs. 200.00 per month for life since January 1974. Copy of the sanction letter is Annexure-5 to the writ petition.