DAYA RAM THROUGH LR. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was initially filed by Daya Ram under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, direction or order to the respondents. The reliefs sought for in the writ petition are to the following effects: "(i) that respondent be directed to declare the petitioner to be a freedom fighter and be further directed to grant him pension from 1974 alongwith interest when he first applied, (ii) that is the alternative, respondents be directed to grant pension to the petitioner under the Freedom Fighters Scheme from the date of his fresh application dated 4.1.1994. (iii) That the respondent No. 1 may be directed to produce the relevant record of the case. (iv) That any other writ, order or direction as this Honble Court may deem fit, may kindly be passed. (v) Cost of this writ petition may also be allowed in favour of the petitioner and against the respondents.".

(2.) Daya Ram the original petitioner claimed to be a Member of Praja Mandal Movement of the then Bilaspur State. Praja Mandal Movement was affiliated to the "All India State Peoples Conference" of which Pt. Jawahar Lal Nehru was the Chairman. The Bilaspur State was a princely State before Independence. According to the petitioner the Rulers of this State ruled with iron hands and resisted all efforts that were being made to merge this State with the Union of India and it was only on 12.10.1948 that Bilaspur State finally merged in the Union of India. The Raja of Bilaspur made all efforts to suppress the movement by imprisoning or ordering the externment and internment of the workers of Praja Mandal Movement. The original petitioner being an active member of the Praja Mandal Movement earned displeasure of the Ruler of the Bilaspur State and he was externed from the State on the verbal orders of the ruler in the year 1946. Daya Ram was threatened that he would be arrested and jailed if he entered Bilaspur State. The original petitioner remained externed for two years during which his family suffered heavily both financially and physically.

(3.) The Government of India promulgated the scheme known as Freedom Fighters Pension Scheme, 1972. The scheme provided for the grant of pension to living freedom fighters, their families if they are no more alive and to the families of martyrs. The minimum pension to a freedom fighter is Rs.200/ - month and in case of family it will vary from Rs.100/ - to Rs.200/ - per month. The family includes mother, father, and widower/widow. :