UNION OF INDIA Vs. DASONDHAN DEVI

JUDGEMENT

(1.) For the reasons stated in the application, delay in filing the present appeal is condoned.

(2.) For the reasons stated in the application, the deficiency in the court fee is also permitted to be made good. The defendant-Union of India, having lost before the first appellate court, has approached this court through the present appeal. A suit for declaration was filed by the plaintiff claiming that he was entitled to freedom fighter's pension (I.N.A.Pension), being a member of I.N.A. A prayer for mandatory injunction was also made for directing the respondents to release the I.N.A.Pension with arrears since 1981.

(3.) The suit filed by the plaintiff was dismissed by the learned trial court. The matter was taken up in appeal by him. The learned first appellate court re-appraised the evidence and came to the conclusion that the evidence on record duly proved that plaintiff, on joining I.N.A., led by General Mohan Singh, was imprisoned by the Japanese and finally, he was discharged from service on the ground "discharging surplus army personnel". On the perusal of certificate of service Ex.A-1, it was noticed that the plaintiff had been dismissed from service of the army for the reasons beyond his control on reduction of establishment and in the interest of justice although his character has been assessed as "Very Good".