NAKUL SAGUN NARULKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Desai, learned counsel for the Petitioner, Mr. R. Chodankar, learned Standing Counsel for Respondent No.1 and Mr. D. Shirodkar, learned Additional Government Advocate for Respondent No.2.

(2.) The Petitioner, who is already recognized as Freedom Fighter by the State of Goa under the Swatantrata Sainik Samman Pension Scheme ( State Scheme) formulated by the State Government, aggrieved by the denial of pension under the Swatantrata Sainik Samman Pension Scheme, 1980; formulated by the Central Government (Central Scheme), seeks the following reliefs in this petition :-

(3.) There is no dispute that the Petitioner has been recognized and is in receipt of Freedom Fighters' Pension under the State Scheme. The Petitioner's claim for pension under the Central Scheme has been declined by the Central Government, relying upon the Administrative Instruction dated 06.10.2009, which provides that only the claimant above 15 years of age at the time of their participation in the freedom movement would be eligible for sanction of samman pension under the Central Scheme. It is the case of the Respondent that the Petitioner, at the stage of his participation in the Goa Liberation Movement/Phase-II ( 1954-1955) was less than 15 years of age and therefore, ineligible to receive the samman pension under the Central Scheme.