RAMCHABDRA S/O KESHAV PATWARDHAN Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by mutual consent of the rival parties. A writ of mandamus directing the grant of pension to the petitioner under Swatantrya Sainik Sanman Pension Scheme, 1980, a Central Scheme for grant of pension to Freedom Fighters and their eligible dependents, is sought in the present petition.

(2.) The petitioner is a 87 year old person, whose participation in freedom struggle was acknowledged by the respondent No. 2 State of Maharashtra with grant of Sanman Patra and freedom fighter's pension amounting to Rs. 500/- per month as per the copies of the documents at Exhibit D to the petition. The petitioner submits, that he was imprisoned for having participated in freedom struggle for a period of 7 months and 23 days i.e. from the date of his arrest on 8-11-1942 in Crime under section 120-B of the Indian Penal Code, 1860 read with sections 56(4), 38(1)(c), 38(5), 35(4) of D.I.R. and under section 5(1) and 6(A) and Rule 35/138B of Explosives Act and section 5(2) of D.I. Act till his release on 30-5-1943 and as such, he is eligible to receive pension under the said Central Scheme.

(3.) In support of his claim of imprisonment, the petitioner has annexed to the petition the copies of: