SURENDRA PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THOUGH the Petitioner has been granted Freedom Fighter Samman Pension but a grievance has been made that instead of granting pension with effect from 22.7.1997 the Petitioner should have been granted the same from 1.8.1980., the date on which he applied for the same. He has also prayed for arrears of the amount from 1.8.1980 to 21.7.1997.

(3.) IN the case of Union of India V/s. Ganesh Chandra Dolai and Ors. (Civil Appeal No of 1993 arising out of S.L.P. (C) No. 2325 of 1995) the Supreme Court while distinguishing the case of Dulichand and Ors. V/s. Union of India 1993 (2) SCC 20 has clarified the legal position and has held that where said Samman pension has been given on the benefit of doubt, the same should be granted with effect from the date of the order. However, where relevant documents were produced by such Swatantrata Senani, the pension was to be paid from the date of application. This has been reiterated by their Lordships in the case of Union of India V/s. M.R. Chelliah Thevar (Civil Appeal No. 7762 of 1996 arising out of S.L.P. (C) No. 25053 of 1995).