AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 18.12.2000 passed by the Ministry of Home Affairs, Government of India (Annexure P-6) whereby the Freedom Fighters Pension granted to the petitioner has been cancelled and the recovery of the amount already paid to the petitioner under the Scheme has been ordered.

(2.) ON the 25th anniversary of Independence of India, the Government of India introduced a Freedom Fighters Pension Scheme, 1972, which was named as Swatantrata Senani Samman Pension Scheme, 1972. As the petitioner had participated in the Quit India Movement and had undergone imprisonment during the period from 20.10.1942 to 20.10.1943, he applied for grant of Freedom Fighter Pension. He submitted two applications for the purpose i.e., one direct to the Government of India and another through Government of Punjab on 20.9.1992 (Annexures P-1 and P-2). In the application which was submitted direct to the Government of India, the petitioner mentioned the period of his imprisonment as 20.10.1942 to 15.8.1943. However, in the application which was forwarded by the Government of Punjab, the period of imprisonment has been mentioned as 20.10.1942 to 20.10.1943. The petitioner was granted provisional pension at the rate of Rs. 3,000/- per month by the Government of India vide order dated 24.5.1999 (Annexure P-3). As there was contradictions in the period of jail suffering mentioned by the petitioner in the two applications, the Government of India vide the impugned order dated 18.12.2000 (Annexure P- 6) cancelled the pension granted to the petitioner and ordered recovery of the amount already paid to him under the Scheme. It is against this order that the petitioner has filed the present writ petition under Article 226 of the Constitution of India.

(3.) AGAINST the afore-mentioned order, the petitioner filed Civil Appeal No. 8388 of 2001 before Hon'ble the Supreme Court. The Apex Court set aside the order passed by the Division Bench of this Court vide order dated 7.12.2001 and restored the present writ petition to this Court for decision on merits. After admission, the writ petition has been placed before me for decision.