KANAHYA LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The short point involved in the writ petition is as to from which date, the petitioner ought to have been allowed the pension under the Freedom Fighters Pension Scheme, 1972, which was re-named as Swatantra Sainik Samman Pension Scheme, 1980. The undisputed facts are that the petitioner took part in the freedom struggle of the country from 1946 till the merger of Bilaspur in the Indian Union in the year 1948. It is also not disputed that no application was made by the petitioner for grant of pension before 1972 Scheme was liberalised and re-named as Swatantra Sainik Samman Pension Scheme, 1980, which be come effective from 1/08/1980. The application for grant of pension by the petitioner was submitted on 30/07/1981 claiming that he had been interned by the verbal orders issued by the Ruler of Bilaspur and was subjected to such internment for a period of more than six months.

(2.) The petitioner's request did not find favour with respondent No. 1 despite number of representations submitted by him, which compelled him in approaching this Court when he filed CWP No. 510 of 1988. The said writ petition was decided on 21/08/1990 holding that the petitioner had prima facie produced evidence to show that he was a freedom fighter and had suffered internment for the requisite period. Respondent No. 1 was directed to re-consider the petitioner's case in light of the certificates and to take decision within a period of four months. Requisite decision was not taken within the time allowed by this Court, which necessitated the petitioner in knocking the doors of this Court again, when he filed Contempt Petition (C) No. 15 of 1991. During the pendency of the Contempt Petition, a decision was taken by the respondents, which was conveyed to the petitioner through letter dated 1/07/1991 stating that pension had been sanctioned in favour of the petitioner w.e.f. 26/12/1990. Consequently, the contempt petition was disposed of on 8/08/1991.

(3.) It is the petitioner's case that since 1980 Scheme became operative from 1/08/1980, he ought to have been granted the benefit of pension on or before from 1/08/1980 and not from 26/12/1990. Consequently, direction has been sought for releasing of the pension w.e.f. 1/08/1980 along with interest at the rate of 12% per annum.