ROOR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This judgment will also dispose of CWP No. 10072 of 1995 and 12056 of 1995 as the facts involved in all the cases are similar.

(2.) The facts are being taken from CWP 11909/1993 for the sake of disposal of these cases. Annexure P-28 dated 12.10.1995 rejecting the petitioner's claim to freedom fighters pension has been based on three grounds

(3.) On this, Mr. Gurnam Singh has referred to Annexure P-12 from which it is apparent that Sher Singh and Bhagat Singh had in fact, undergone terms of imprisonment and were also drawing pension under the Central Government scheme after having been awarded Tamra Patras. Mr. Gurnam Singh has also referred to various other documents on record to argue that his case had not been apprised properly and that according to various judgments of this Court that the High Court should in its jurisdiction under Art. 226 of the Constitution itself re-appraise the matter. As against this, Mr. Harinder Singh Gyani, the learned senior standing counsel for the Union of India, has brought to my notice a judgment of the Supreme Court in C.A. No. .12314 of 1996 arising out of SLP (C) No. 11790 of 1996 (Union of India Vs. Mohan Singh and others) decided on 9.9.1996, whereby it was directed in a somewhat similar situation that it was not proper for the High Court to scrutinise the official documents which the petitioners had produced in support of their claim and pronounce upon their genuineness or otherwise as that lay within the exclusive domain of the Government. In the cited case, the Honourable Supreme Court allowed the appeal and dismissed the writ petition. Ordinarily, a similar result ought to follow in the present case but in the light of the fact that Mr. Gurnam Singh has relied on the facts stated above, I deem it proper that the Central Govt, should re-appraise the evidence to arrive at a proper conclusion. The Central Govt, shall also keep in mind the decision rendered in the case of Sh. Bhagwan Singh who had filed CWP No. 12554/ 1993 and on an appraisal of the evidence produced and as a consequence of the order obtained from this Court, Bhagwan Singh aforesaid was granted the freedom fighters pension. In the light of the peculiar facts, it is further directed that the matter will be reappraised within three months from the date that a certified copy of this order is supplied to the respondents. Order accordingly.