MOHAN SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This is an unfortunate litigation in which a freedom fighter, who remained in jail at the time of Quit India Movement, 1942 from October 20, 1942 to July 24, 1943 is before this Court as his pension under the Swatantarta Sainik Sanman Pension Scheme (for short 'the Scheme') was withdrawn vide, order dated 31.12.2007.

(2.) The petitioner is stated to be 97 years of age at present. It is claimed that from October 20, 1942 to July 24, 1943, he remained in Central Jail, Lahore, consequent upon the sentence (Najarbandi) awarded by the Special Magistrate, Lahore. He was granted Swatantarta Sainik Sanman pension, however, the same was withdrawn by order dated 31.12.2007 on the ground that he could not establish that he remained in jail for six months as is the condition in the Scheme.

(3.) Learned counsel for the petitioner submitted that in the earlier round of litigation in C.W.P. No. 3790 of 1994 titled as "Mohan Singh Vs. Union of India & Ors.", decided on 01.06.1995, Union of India in reply to Para 9 of the petition admitted that period during which the petitioner was kept in jail was verified from the State of Punjab. Hence, rejection of the claim of the petitioner on the ground that he could not establish the period during which he remained in jail, cannot be sustained. He further referred to the judgment of Hon'ble Supreme Court passed in Civil Appeal No. 6718 of 2001, titled as Gurdial Singh Vs. Union of India & Ors., to submit that it is beneficial policy providing for certain benefits to the persons who suffered during independence movement for the country, hence, liberal construction is required.