SONA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Articles 226/227 of the Constitution of India has been filed by Smt. Sona Devi widow of Late Shri Sudhan Singh for issuance of a writ of mandamus directing the respondents to grant Samman Pension to her.

(2.) FACTS Husband of petitioner Late Shri Sudhan Singh son of Joth Ram joined Arya Samaj Movement in Late 1930 within erstwhile Nizam State of Hyderabad. He was convicted under different provisions of criminal law prevailing within the Nizam State and was sentenced to more than two years imprisonment. While undergoing the sentence the general amnesty was granted by the then Nizam on his birth anniversary and the sentence was reduced. As a result, Sudhan Singh was set free along with other participants of the Arya Samaj Movement. Jail Certificate is Annexure P. 1. The Arya Samaj Movement has been accepted a part of freedom struggle. On 25th anniversary of Independence, Government of India introduced Freedom Fighter Pension Scheme, 1972 which has been re-named as Swatantarta Senani Samman Pension Scheme, 1980. The Arya Samaj Movement has been equated with the freedom struggle and the benefits of the abovesaid Pension Scheme are also admissible to the participants of the Arya Samaj Movement. The petitioner is the widow of Late Shri Sudhan Singh and is domicile and resident of Haryana State. Under the said pension scheme, she has been granted pension by the Central Government vide letter No. MHAFF 9403544/5586, dated September 27, 1994 of the Ministry of Finance, Government of India, Annexure P. 2. The Government of Haryana introduced a Pension Scheme for freedom fighters belonging to the State of Haryana and their widows with effect from January 1, 1981. The brochure published by the Haryana Government General Administration (Protocol) Departfnent states that all those freedom fighters belonging to Haryana State who have been receiving freedom fighter pension of the Union of India and have not received any financial assistance shall receive the Samman Pension with effect from January 1, 1981, copy Annexure P3. Smt. Sona Devi submitted her application for grant of Freedom Fighter Pension Scheme from Haryana Government. The Haryana Government vide letter, Annexure P4, granted the Freedom Fighter Pension to the petitioner with effect from November 24, 1994. It is alleged that many freedom fighters and their widows who participated in Arya Samaj Movement and were imprisoned along with the husband of the petitioner, have been allowed pension by the Haryana Government with effect from January 1, 1981, but the petitioner has been denied that benefit without assigning any reason. In Para 6 of the petition, she has given a list of freedom fighters who have been granted Samman Pension by the Haryana Government with effect from January 1, 1981. They are Shri Chhotu Ram son of Shri Surjan, Smt. Tejo Devi widow of Shri Ram Sarup, both residents of Village and Post Office Milkpur, District Hisar, Shri Gian Chand and Asha Nand sons of Shri Sada Ram, resident of House No. 638 Ramesh Nagar, Karnal and Smt. Hari Devi widow of Jawahar Lal son of Shri Anant Ram Jawahar Gali, Tohana, District Hisar. It is further pleaded that Smt. Shanti Devi widow of Shri Nanu Ram who remained imprisoned with the husband of the petitioner filed a Civil Writ Petition No. 17218 of 1994, seeking Samman Pension from the Haryana Government. That Writ Petition was allowed by this Court vide order, dated August 9, 1995 holding that the petitioner (therein) was entitled to Samman Pension from the Haryana Government with effect from January 1, 1981. Similarly, another Civil Writ Petition No. 17222 of 1994 was also decided in terms of the order dated August 9, 1995 passed in Civil Writ Petition No. 17216 of 1994.

(3.) I have heard learned counsel and have carefully gone through the pleadings of the parties.