LAWS(P&H)-2013-4-655

UNION OF INDIA Vs. SATWANT KAUR AND ANOTHER

Decided On April 02, 2013
UNION OF INDIA Appellant
V/S
SATWANT KAUR AND ANOTHER Respondents

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 1.7.2010, passed by a learned Single Judge, accepting the claim of first respondent for the grant of Freedom Fighter Pension. The learned Single Judge has held that the deceased-husband of the first respondent Late Sat Pal Monga was a Feedom Fighter who actively participated in the Fairdkot State Praja Mandal Lehar and underwent imprisonment etc. In fact, the order passed by the learned Single Judge is a consent order as learned counsel for the parties agreed that the issue involved stood answered in another decision of this Court in CWP No. 1668 of 2009, (Balwant Singh vs. Secretariat Incharge Freedom Fighter and another) decided on 23.8.2010. The learned Single Judge, accordingly directed the Union of India to consider the desirability of restoration of the Freedom Fighter Pension which was being received earlier by the husband of the first respondent.

(2.) Notwithstanding the fact that the claim of the first respondent was not seriously contested, the Union of India has preferred this appeal.

(3.) The solitary question that arises for consideration is whether Late Sat Pal Monga, husband of the first respondent was a bona fide Freedom Fighter and consequently, entitled to the honour of Freedom Fighters' Pension