LAWS(PAT)-2000-3-72

RUDRA NAND MISHRA Vs. UNION OF INDIA

Decided On March 09, 2000
Rudra Nand Mishra Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner being aggrieved by the order dated 10.2.1993 passed by the respondent No. 3, rejecting his prayer for grant of freedom -fighter pension has moved before this Court in the present writ application.

(2.) THE petitioner, claiming himself to be a freedom -fighter, applied for such pension on 29.7.1981 asserting inter alia that as student he took active part in freedom fighting of 1942 and as such was involved in Madanpur P.S. Case No. 404 of 1942 and remained underground from 27.10.1942 to 28.5.1943. For such long absence from school, a forced school leaving certificate was issued by the headmaster of the school on 28.5.1943, mentioning therein that for involvement of the student in agitation, he was not promoted to Class -XI as he did not appear in Annual Examination. Thereafter, the petitioner became a full fledged member of the political party, working for the country.

(3.) THE State Government, after receipt of those documents, made an inquiry and the Collector, Purnea on 23.12.1988 certified that documents produced by the petitioner were correct. These letters are Annexures -5 and 5/1. The petitioner also relied upon a certificate given by one Jagarnath Singh Mandal, said to be a freedom -tighter, in support of his claim. This certificate is Annexvire -6.