PARITOSH GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 17. 03. 2005 passed by the learned Single Judge in W. P. No. 17135 (w) of 2000 whereby the learned Judge dismissed the writ application.

(2.) THE writ petitioner claims himself to be a freedom fighter. He applied for pension stating, inter alia, that he had suffered imprisonment for 7 months as an undertrial prisoner leading to his acquittal. He also suffered by internment for one year. He applied to the concerned authority for pension under the Swatantrata Sainik Samman Pension Scheme formerly known as Freedom Fighter Pension Scheme, 1972. But his application was not favourably considered. For that reason, he filed one earlier Writ Petition No. 8095 (w) of 1996 which was disposed of by the Honble Court directing the Government of India to verify the claim of the petitioner and to take a decision. Then after holding verification, the Government of India took the decision rejecting the claim of the petitioner by its decision dated July 13, 1998. Thereafter the petitioner filed another writ application which was dismissed by the impugned judgment and order.

(3.) MR. Asoke Kumar Mukherjee, learned Advocate for the appellant, contends that the State Government recommended the claim of the appellant for grant of freedom Fighters Pension under the scheme of Swatantrata Sainik Samman Pension Scheme, after making necessary investigation and enquiry. So it was not proper on the part of the Government of India to reject the prayer of the appellant and consequently the learned Single Judge was not justified in dismissing his subsequent writ petition. He also contends that the Central Government did not challenge the findings of the State Government and so the Central Government was obliged to accept the recommendation of the State Government and so the pension should have been granted under the said Scheme.