PREM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Prem Chand, claiming himself to be a freedom fighter, has approached this Court by virtue of the present petition under Article 226/227 of the Constitution of India, inter alia, seeking the following reliefs : (a) the petitioner be declared to be a freedom fighter and respondents No.1 and 2 be directed to pay the freedom fighters pension to him from the date of his application along with interest at the rate of 12 per centum per annum on the arrears; (b) order dated 29.7.1998 (Annexure PH) rejecting the claim of the petitioner for pension may be set aside and quashed.

(2.) Briefly stated, the facts of the case, as are set out in the petition, are these. The petitioner participated in the Praja Mandal Movement for the merger of the then Princely States in the Indian Union. He was also an active worker of such movement during 1946 -47. The then Ruler of Baghat State made all efforts to suppress the movement by imprisoning and/or ordering externment/internment of the members of the movement. The petitioner being an active member of the movement also earned displeasure of the then Ruler of Baghat State. Warrants for his arrest were issued as a result of which he had to remain underground from October 1946 to October 1947, though he continued his political activities.

(3.) Respondent No.1, in the year 1972 promulgated a Scheme known as Freedom Fighters Pension Scheme, 1972, which was liberalised by the Scheme of 1980 (Annexure R1) (for short : Central Scheme). The Scheme provided for pension to the freedom fighters including those who remained underground for a period of more than six months.