CHOOR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Applicant claims to have joined the Army on 25.6.1941 during the second world war. While serving in Burma, he was taken as a Prisoner of War (for short "POW" w.e.f. 15.2.1944 to 5.5.1945. Appellant further claims to have joined the Indian National Army (for short "INA"). The appellant was recovered on 5.5.1945 and was dismissed from service w.e.f. 27.2.1946 with character assessed "Bad" and after independence he was discharged with character assessed "Good" and was paid full pay and allowances. The appellant was re-enrolled in the Army on 13.9.1948 and ultimately retired. Appellant applied for grant of pension under the Freedom Fighters Pension Scheme, 1972 (for short "the scheme") on the ground that he joined the INA during the second world war and thus he was entitled to pension under the above said scheme. Relief was not granted to the appellant. He filed a writ petition under Articles 226/227 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to grant Freedom Fighters Pension to him from the date of receipt of his original application i.e. 22.3.1975.

(2.) Claim of the appellant was contested by the respondents by filing a written statement. It was stated that the appellant was granted pension prospectively by giving him the benefit of doubt and keeping in view the judgment of the Supreme court in Mukand Lal Bhandari and Ors., v. Union of India and Ors., A.I.R. 1993 S.C. 2127. it was specifically stated that the appellant who has already been granted pension from 18.11.1989, was seeking pension from an ante date on the basis of the decision of the Supreme court noticed above. It was further stated that since the appellant was granted pension by giving the benefit of doubt, be could not see, pension from a retrospective date.

(3.) Learned Single Judge on a consideration of the matter came to the conclusion that though admittedly, the appellant served the Indian Army under the British Rule and was taken as POW by the Japanese and was detained, but there was no acceptable material on record to prove that he joined the INA while in detention as POW. The petitioner was granted pension with effect from 18.11.1989 by giving him the benefit of doubt and he thus cannot claim pension with retrospective effect i.e. from the date he made an application. In support of his conclusion, learned Single Judge relied upon the observations of the Suprerne court in S.L.P.(C) No. 25053 of 1995 Union of India v. M.R. Chelliah Theyar, . Learned Single Judge concluded that the appellant had been rightly granted pension w.e.f. 18.11.1989 and he is not entitled to pension from the date of the scheme or from the date of filing of the application i.e. 22.3.1975. The writ petition was consequently dismissed by order dated 6.8.1998. Hence this Letters Patent Appeal at the instance of Roor Singh.