LAWS(CAL)-2006-9-44

UNION OF INDIA Vs. SUBAL CHANDRA MAITY

Decided On September 21, 2006
UNION OF INDIA Appellant
V/S
SUBAL CHANDRA MAITY Respondents

JUDGEMENT

(1.) This mandamus appeal is at the instance of the Union of India and is directed against the order dated 18th August, 2005 passed by a learned Single Judge by which His Lordship disposed of a writ application filed by the respondent No. 1 by directing the appellant to grant freedom-fighters' pension in accordance with the norms and scheme within a period of three months from the date of communication of the said order.

(2.) The respondent No. 1 filed a writ-application being W. P. No. 12041 (W) of 1998 thereby challenging the decision of the Union of India rejecting the prayer of the writ-petitioner for grant of pension under the S.S.S.P. Scheme.

(3.) The claim made out by the writ-petitioner in his application was that he joined the Quit India Movement in 1942 and worked under the then Congress leadership and took active part in the subversive activities and was involved in the incursion of the Mahisadal Thana for destruction of the records and hoisting of the Congress-flag on the top of the thana-building. He further claimed that he instigated the mass in general for not paying the chowkidary-tax, jamindary-tax and inspired them to cut off the road connection on 29th September, 1942 to facilitate the programme of raiding and capturing the police station on 29th September, 1942. According to him, for his active participation in the said movement and the subversive activities, he was wanted by the police of the Mahisadnl Thana and that is why he left the Mahisadal Thana-area for Tamluk where he came in close contact with the various eminent freedom-fighters and under their esteemed guidance he remained active in that place with rejuvenated spirit. He claimed that search warrant and warrant of arrest were issued against him and according to the direction of leadership of Sri Rabindra Nath Giri and others, he went underground and remained in that state from 2nd October, 1942 to 25th July, 1944. He, however, admitted in his application that he never suffered any imprisonment and he also could not give reference to any court case.