JAGAT SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner had joined Indian Signal Corps Jabalpur as a Signal Man on 19th September, 1941. He participated in mutiny that was directed against the British Rule. He was tried under section 27 (1) (a) and (b) of the Army Act in April, 1946. He was found guilty under section 27 (1) (a) of the Army Act and was sentenced to suffer two years rigorous imprisonment under order dated 1st June, 1946. He was also dismissed from service. Pursuant to the order of conviction, the petitioner was detained in Central Jail, Jabalpur on 30th June, 1946, where he remained till September, 1947. The petitioner was awarded Tamra Patra on 15th August, 1972 for rendering contribution to the freedom struggle.

(2.) ON 3rd August, 1972, the petitioner made an application to the Secretary, Ministry of Home Affairs, Government of India, New Delhi, for grant of pension admissible for freedom fighters. During the pendency of the application the Central Government introduced a new scheme of grant for freedom fighters and their families from central revenue on account of Silver Jubilee year of Independence. The petitioner therefore made an application in the prescribed form along with the documents in support of his case on 30th March, 1974. The application was rejected by the Central Government by order dated 2nd April, 1975 on the ground that the petitioners case is not covered by the scheme. The same stand was maintained by the Central Government in dealing with the subsequent representations made by the petitioner for grant of freedom fighters pension.

(3.) THE petitioner challenged the rejection of his application by filing Writ Petition No. 234 of 1997. The writ petition was heard by the Division Bench comprising of Desai and Parkar, JJ. , on 26th August ,1997. The main question before the Division Bench was whether the participation of the petitioner in the mutiny of Indian Signal Corps falls within the scheme framed by the Central Government. On examination of the pension scheme it was noticed by the Division Bench that apart from the main stream of the liberation struggle, the movements and mutinies which were directed against the British (French, in the case of Pondicherry and Portuguese, in the case of Goa) with freedom of the country as its ultimate goal, are also treated as a part of national freedom struggle for the purpose of grant of pension, unless any movement is specifically decided as not equivalent for the grant of Sanman pension. The Division Bench held that the mutiny of Indian Signal Corps had an ultimate aim for the liberation of the country and, therefore, the petitioner is entitled to the pension as per the scheme of the Central Government. Accordingly, the respondents were directed to decide and release the pension of the petitioner admissible under the Rules within a period of three months.