MANPHOOL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by the petitioner for a appropriate writ, direction or order directing respondent No. 1 to issue sanction for the grant of pension under Swantantrata Sainik Samman Pension Scheme with effect from August 27. 1982 i.e. the date of submission of his application and may be directed to pay arrears along with interest forthwith. Other reliefs also have been prayed.

(2.) The case of the petitioner is that he was a freedom fighter. He applied for benefit under Swantantrata Sainik Samman Pension Scheme to Government of India on August 27. 1982. On completion of formalities and enquiry by the State Government, recommendation was made by the State Government to the Union Government on December 31. 1986 to grant pension. Surprisingly, however, on May 5. 1988. the application filed by the petitioner came to be rejected on the ground that it was barred by time. The petitioner was. therefore, constrained to approach this court by filing Civil Writ Petition No. 237 of 1999. The petition came up for hearing before the Division Bench and by a judgment and order dated November 16. 1999. the petition came to be allowed. In the relevant part, it was observed by the Division Bench as under: "From the materials placed on record by the petitioner. prima facie, we are of the view that the petitioners case is fully covered under the Freedom Fighters Pension Scheme. 1972. which was later on called as Swantantrata Sainik Samman Pension Scheme. 1980 and more specifically the statement made in paragraph 3 of the rejoinder, the information sought for by the Union of India, has been specifically given by the petitioner. Therefore, we direct the respondent -Union of India to reconsider the case of the petitioner wiithin a period of two months from the date of receipt of this order and if the petitioner is found eligible based upon the documents already attached with the writ petition and the statement made in the rejoinder, he shall be granted Freedom Fighters Pension in accordance with law and further information, if any. has to be gathered by the Union of India from Pakistan, the same can be gathered, but the case of the petitioner for the grant of Freedom Fighters Pension shall not be lingered on for the said purpose, which may take sufficiently long time to the Union of India to obtain the information, verification of the documents and other statements made by the petitioner in the writ petition and the rejoinder. This writ petition shall be treated as representation by the Union of India on behalf of the petitioner without calling upon the petitioner to supply any other information, as the petitioner is not having any more information with him. The writ petition is disposed of in the aforesaid terms and directions."

(3.) Then again, the case was considered by the first respondent on May 26. 2000 and an order dated May 26. 2000 and an order dated May 26. 2000 (Annexure PF) was passed. In the order, it was stated that the President was pleased to sanction grant of provisional pension of Rs. 3000/ - per month plus dearness relief as admissible under the Rules to the petitioner with effect from March 28. 2000. The said communication is by Under Secretary to the Government of India to the Pay and Accounts Officer (Pension and Misc.). Ministry of Home Affairs. New Delhi. The copies were forwarded by the Ministry for information and necessary action. One of the copies was sent to the petitioner at Sr.No. 2 and the endorsement to the petitioner reads: "Shri Manphool Singh S/o Shri Iqbal Singh. R/o Village Malpur. P.O. Panjehra. Tehsil Nalagarh. District Solan (H.P.). Your status as a freedom fighter has been recognised by giving benefit of doubt. Pension has. therefore, been sanctioned prospectively. This is supported by the judgment of Honble Supreme Court in CA No. 7762/96 case titled Union of - India r. MR. Chelliah Thevar." (emphasis supplied)