VIRENDRA KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this judgment, we propose to decide C.W.P. No. 484 of 1984 and C. W. P. No. 163 of 1986, since the primary question of consideration arising for determination is same and similar. Before considering the question arising for determination, facts of the two petitions are being given separately.

(2.) Petitioner Balak Ram Mahajan (now deceased) in C. W. P. No. 484/84 sought direction against the respondents for grant of payment to him of freedom fighter's pension, in accordance with the Freedom Fighters' Pension Scheme 1972 (hereinafter referred to as the 1972 scheme) w.e.f. 15/08/1972 and for declaring clause 4 of the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the 1980 Scheme) as unconstitutional and as a consequence to quash orders Annexures R-1 and R-2 passed by respondent No. 1 declining to grant pension to him. Balak Ram Mahajan alleged that he was a resident of village Baggi in the erstwhile princely State of Mandi. Praja Mandal Movement gained movement in Mandi State, whose main aim was to liberate the princely State of Mandi and to get it merged with Union of India after independence of country w.e.f. 15/08/1947. The Ruler tried his best to stiffle the movement. About the period of independence of the country, the movement was at its peak and the petitioner also participated actively in this movement and accordingly earned displeasure of the Mandi Darbar. In order to suppress the movement, the State Administration of Mandi passed orders, under which the petitioner and other participants were detained for six months under Section 4 of the Mandi State Public Safety Ordinance, which ordinance had been promulgated by the ruler of Mandi. Still not being satisfied with the detention, false cases were coined against all the participants including the petitioner for offences punishable under Sections 302/307, 395/149 and 225 of the Penal Code.

(3.) The petitioner was committed for trial before the Judge of Appeal Court on 24th Bhadon 2004 BK corresponding to 6/09/1947. Cases against all participants including the petitioner were ultimately withdrawn by the orders issued by the Ruler on 13 Magh 2004 BK corresponding to 26/01/1948. In support of this submission, the petitioner has placed reliance upon an extract of the entries in Jail register Annexure A. The petitioner's case has been that in order to recognise the services rendered by the Freedom fighters towards the independence of the country and merger of princely State, 1972 Scheme was promulgated by respondent No. 1 w.e.f. 15/08/1972. Persons falling in various categories defined in clauses (a) to (g) were entitled to receive pension under 1972 Scheme and his case squarely falls under clause (g). The last date of receipt of application was notified as 31/03/1974, which was subsequently extended up to 31/07/1975 and ultimately up to 1981 and it was on 26/02/1981 that the petitioner submitted an application with his covering letter Annexure PC for grant of pension. Papers were forwarded by respondent No. 2 on 25/03/1981 to the Deputy Commissioner, Mandi and even the Under Secretary of Union of India asked the petitioner to correspond with respondent No. 2. No reply was received by the petitioner from respondent No. 2 despite various reminders and representations. It was on 12/04/1984 that the Deputy Secretary to the Government of Himachal Pradesh wrote to Deputy Commissioner, Mandi to verify the facts of the petitioner's case along with others, but nothing was heard thereafter and no decision was conveyed. The petitioner accordingly was constrained to approach this Court by filing the aforementioned C. W. P. No. 484 of 1984.