LAWS(GAU)-2011-4-66

ANIL CHANDRA SARKAR Vs. UNION OF INDIA

Decided On April 08, 2011
Anil Chandra Sarkar Appellant
V/S
Union of India (UOI) represented by the Secretary to the Government of India, Ministry of Home affairs and The State of Tripura The Secretary to the, Government of Tripura, Political Department Respondents

JUDGEMENT

(1.) Heard Mr. S. Talapatra, learned Senior counsel assisted by Mr. B. Banerjee, learned Counsel for the Appellant as well as Mr. P.K. Biswas, learned Assistant SG for the representing the Respondent No. 1 and Mr. T.D. Majumder, learned State counsel.

(2.) This writ appeal is directed against the judgment and order dated 6-1-06 passed by the learned Single Judge in Civil Rule No. 289 of 1998 by which the writ petition filed by the present Appellant was dismissed. The Petitioner who is the Appellant in this appeal claiming himself to be a freedom fighter entitling him to receive freedom fighters' pension filed the writ petition making a grievance against the denial of such pension on the basis of the scrutiny made by the committee appointed to find out the correctness or otherwise of the claim for such pension.

(3.) In the writ petition, the claim of the writ Petitioner was that he had suffered imprisonment in connection with Quit India movement in 1942 and had to remain in prison for nine months. According to him, he was arrested and kept in Chandpur Jail hajat in Comilla district, the then India which later became East Pakistan and now Bangladesh. The Petitioner was initially granted the pension @ Rs. 200 per month with effect from 15-8-72. However, later on when some doubt arose, such pension was suspended in 1975. Thereafter, upon scrutiny of the matter by the appointed committee, it was found that the Petitioner was not entitled to receive the said pension.