KRISHNA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE dispute in this writ petition relates to the effective date of the grant of freedom fighter 's samman pension under 1980 scheme. The petitioner has already been granted pension but from the date of the order, according to him, in view of the law laid down by the Supreme Court in Mukund Lal Bhandari vs. Union of India, AIR 1993 Supreme Court, 2127, such grant is to be made from the date of application, in the instant case 1980.

(2.) THE decision in Mukund Lal Bhandari's case was distinguished by the Supreme Court in Union of India vs. M.R. Chelliah Thevar (Civil Appeal No. 7762 of 1996 arising out of SLP (Civil) No. 25053 of 1995) and it would be useful to quote the following observations in the letter as under :

(3.) IT is not in dispute that the petitioner has been given benefit of doubt. In view of the law laid down by the Supreme Court in said case, the pension is to be paid from the date of the order and not from the date of the application. That being so, I find no reason to make any interference with the effective date of the grant.