SANT RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner claiming Freedom Fighter's Pension under the Swatantarta Sainani Samman Pension Scheme, 1980 (for short, "the Scheme of 1980"). The petitioner has submitted that he Whether the Reporters of the Local Papers may be allowed to see the Judgment? Yes. moved an application to respondent No. 1 in July, 1996 which was received in its office on 13.8.1996. According to the petitioner, the application was accompanied by the following documents:

(2.) ACCORDING to the petitioner, these documents and the admitted fact that he had been declared as Freedom Fighter by the State and sanctioned "Samman Rashi" with effect from 17.6.1995 was sufficient proof of his suffering and the fact that he was a Freedom Fighter. Respondent No. 1 has taken no action on his application and, therefore, the petitioner was constrained to file the present writ petition.

(3.) THE case pleaded by the petitioner is that Kunihar was a Princely State before independence and acceded to the Union of India after India attained freedom. According to the petitioner, the rulers of Princely States exercised absolute powers as monarchs and expected unquestionable obedience to their orders / commands. The petitioner has alleged that he was a member of the Praja Mandal Movement which was actively engaged in Satyagraha / agitations demanding the merger of hill states including the State of Kunihar with the Union of India. The active participation of the petitioner in the freedom struggle, infuriated the ruler of Kunihar who issued arrest warrants against him. The petitioner remained underground between 1945 to 1947. According to the petitioner, he suffered considerable amount of mental and financial distress. He remained underground from 1945 to 1947 and actively participated in the freedom struggle despite arrest warrants having been issued against him by the ruler of Kunihar. Petitioner has claimed suffering on these counts for two years from 1945 to 1947. The annexures filed by the petitioner with the writ petition show that his suffering has been certified by freedom fighters who were contemporaneously participating in the freedom struggle / agitation supporting the Praja Mandal Movement for integration of the Indian States.