UNION OF INDIA Vs. SHRI SHYAMAPADA PRAMANICK

JUDGEMENT

(1.) THIS appeal is directed against an order dated 23rd September, 2009 passed by the Hon'ble First Court allowing the writ Petition in favour of the writ Petitioner.

(2.) THE writ Petitioner filed the said writ Petition claiming pension under the scheme known as Swatantrata Sanik Samiman Pension Scheme, 1980 (hereinafter referred to as Scheme) by a judgment and/or order dated 23rd September, 2009 passed by the Hon'ble First Court when His Lordship was pleased to hold as follows : Thus, having considered the above authorities and the relevant provisions of the scheme and the impugned order in question, the impugned order is set aside. THE respondents or rather the concerned respondents are directed to grant freedom fighter's pension to the writ petitioner under the provisions of Swantrata Sanik Samman Pension Scheme, 1980 with effect from the date of his application for obtaining pension i.e. 18th August, 1981. THE petitioner, needless to mention, shall be entitled to pension in arrears since the date of his application, namely 18th August, 1981 within a period of four weeks from the date of communication of this order with interest at the rate of 10% per annum from the date of his application, namely 18th August, 1981 till the date the pension in arrears are actually paid to the petitioner. Since the freedom fighter, namely the petitioner herein had to invoke the jurisdiction of this Court more than once for obtaining his legitimate pension challenging the merit less orders of rejections of the authority concerned in this case for grant of freedom fighter pension in his favour, the petitioner is entitled to the payment of cost assessed at Rs. 10,000/- and such cost shall be paid to the petitioner by the 1st and/or 2nd respondents herein within a period of four weeks from the date of communication of this order. THE writ petition is disposed of. THEre will be no order as to costs."

(3.) THE Under Secretary issued a letter in the year 1996 informing that although the recommendation has been made cannot be accepted by the Government of India on the grounds that records relating to the sufferings are available more particularly in the Crime Note Book and thereby personal knowledge certificate issued by Hiralal Maity cannot be accepted.