SHEEL CHAND JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226/227 of the Constitution of India for issuance of a writ of certiorari for quashing the order passed by the Collector, Tikamgarh (MP) vide Annexure -P/14, by which, the benefits of pension under the Madhya Pradesh Swatantrata Sangram Sainik Samman Nidhi Niyam, 1972 (hereinafter referred to as "the Rules of 1972") has been denied to the petitioner.

(2.) THE petitioner herein had filed a representation for getting the benefits of freedom fighter under the provisions of Rules of 1972 and the Collector, Tikamgarh had directed an enquiry to be conducted by Dy. Collector, Tikamgarh vide order dated 26.4.1985 (Annexure -P/1). Dy. Collector vide letter dated 25.8.1986 asked the petitioner to submit the documents regarding his participation in freedom fight movement. In response to the letter (Annexure -P/2), the petitioner submitted certificates of the Member of the Legislative Assembly dated 30.8.1973 (Annexure -P/3). The Collector, Tikamgarh also certified that the name of the petitioner has been entered in the list of freedom fighters as serial no. 140 vide order dated 5.7.1989 (Annexure -P/4). The petitioner in response to the letter (Annexure -P/2) submitted full details of his participation in the freedom fight movement and in other activities pertaining to the freedom fight movement to the Collector, Tikamgarh (Annexure -P/5) but when the petitioner could not get any response, he again submitted representation of dated 26.9.1988 (Annexure -P/6) to the State Government's Secretary of General Administration Department. Thereafter, on the recommendation of the Collector, Tikamgarh and inquiry made by the Collector, the petitioner was called at Bhopal vide letter dated 15.8.1989 and he was honoured by giving certificate by the then Chief Minister for participation in the freedom fight movement vide Annexcure -P/7. When the petitioner did not receive any order for getting pension (Samman Nidhi), he submitted certificates issued by Ex -parliamentarian Shri Laxmi Narayan Nayak and Shri Magan Lal Goyal but vide impugned order Annexure -P/14 the claim of the petitioner has been rejected, being aggrieved thereof, the petitioner has filed this petition and also challenged the validity of sub rule 6 of Rule 3 of the Rules of 1972.

(3.) THEREFORE , only question remains for consideration in this petition is whether the Collector is justified in passing the impugned order Annexure -P/14 or not ?