AWADHESH PRASAD SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition involves a small question in respect of petitioner's entitlement for the Swatantrata Sangram Samman Nidhi under the State Rules from which date; date of order passed by the High Court or from the date when the authority passed its first order rejecting the claim of petitioner ?

(2.) IT is not disputed before me that the petitioner is a Swatantrata Sangram Sainik within the definition as enumerated in M. P. Swatantrata Sangram Sainik Samman Nidhi Niyam, 1972 (hereinafter referred as 'niyam' for short ). The petitioner applied for Samman Nidhi under the aforesaid Niyam on 9-2-1995. This application was rejected by the State Government by order dated 10-6-1996 (Annexure P-10-A) and it is held that the petitioner is not freedom fighter and is not entitled for Samman Nidhi. This order of State Government was subject-matter in W. P. No. 287/1996 and it is held in Para 6:

(3.) THE State of Madhya Pradesh filed S. L. P. against the aforesaid order. The case of petitioner was also heard along with other Special Leave Petitions by the Apex Court. Vide order dated 3rd February, 2003 [2003 (2) M. P. H. T. 1 (SC)], the Apex Court held :-