BALVINDER SINGH MAHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, the petitioner has prayed for the following reliefs:

(2.) Case of the petitioner is that late Havaldar Sh. Harnam Singh died in the year, 2005 and his wife thereafter died in the year, 2008 and petitioner is one of their legal heirs/representatives. As per the petitioner, his father served in the British Army with full devotion, honesty and dedication and he was also given out of turn promotion as Havaldar. As per the petitioner, his father also took active part in freedom struggle and for the said reason, he was ordered to be discharged by the then Brigade Commander of Rajmak Brigade of the British Army. It is further averred in the petition that father of the petitioner fought the second World War till his forcible discharge from the British Army. Grievance raised in the petition is that unfortunately father of the petitioner is known as a deserter in the local area despite the fact that he was forcibly discharged from the British Army on account of his activities in the freedom struggle of the Nation. In these circumstances, this writ petition has been filed praying for the reliefs already mentioned hereinabove.

(3.) In the reply so filed to the petition by respondent No. 2, the stand taken by the State is that father of the petitioner was recruited in British Army as a Soldier and he retired from the post of Havaldar and at no point of time, he in any manner participated in National Freedom Struggle. It is further mentioned in the reply that father of the petitioner fought Second World War as a Soldier of the British Army, which had no connection with the freedom movement of India. It further finds mentioned in the reply that representation filed by the petitioner to extend to him the benefit of freedom fighter already stood rejected by the State on the ground that his father was ineligible to be declared as a freedom fighter in accordance with the Swatantrata Sainik Samman Pension Scheme, 1980.