UNION OF INDIA Vs. SHYAMANAND PATHAK

JUDGEMENT

(1.) THESE two appeals have been filed, one on behalf of the Union of India and the other on behalf of the State of Bihar.

(2.) THE impugned order is on writ petition being C.W.J.C. No. 5075 of 1997 dated 2nd July, 98, which carries a direction to the respondents to provide the petitioner, namely, Shyamanand Pathak with a freedom fighter pension to which he is entited and to pay arrears as well as current pension immediately.

(3.) IN writ petition being C.W.J.C. No.5075/97 the Union of India had filed a counter affidavit. This counter affidavit had been served upon learned counsel for the petitioner on 8th August, 1997. In paragraph -7 of that counter affidavit the situation has been explained that the petitioner 's basis is the record along with other persons, who were processed for freedom fighter pension. It is indicated in that counter affidavit that the record on which the petitioner relies basing his claim for pension is forged. The petitioner ought to have refuted this allegation. The petitioner did not do so. He permitted that counter affidavit to remain on the record. This leads one to a presumption that what the Union of India had contended is correct as the petitioner is unable to refute the allegation made against him.