NAVIN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 8th April, 2011 passed by the learned Single Judge in above CWJC No. 1880 of 2010 the writ petitioners have preferred the present Appeal under Clause 10 of the Letters Patent.

(2.) The appellants are the children of one Kishori Lall. The said Kishori Lall claimed that he had participated in 1942 Quit India Movement and had suffered incarceration for three months. He therefore, claimed Freedom Fighters' Samman Pension, His claim Was not accepted. The said Kishori Lall passed away in 1994. His wife Shanti Devi passed away in 2007. After passing away of the said Kishori Lall, his wife Shanti Devi and the present appellants approached this Court under Article 226 of the Constitution in CWJC No. 9440 of 2001. According to the appellants the said Kishori Lall was a Freedom Fighter and had actively participated in 1942 Quit India Movement. He was, therefore, entitled to Freedom Fighters' Pension. The said writ petition was disposed of on 10th September, 2001. This Court (Coram : Mr. Nagendra Rai, J.) held that the application made by the said Kishori Lali was not rejected. The Court directed the respondent Central Government to decide the matter within six weeks from the . date of the receipt of the relevant materials from the State Government. After considering the relevant materials the application made by the said Shanti Devi came to be rejected under communication dated 2nd April, 2002.

(3.) Feeling aggrieved the present appellants filed CWJC No. 5760 of 2003 under Article 226 of the Constitution. By order dated 2nd February, 2009, this Court (Coram: Justice Mihir Kumar Jha) allowed the said writ petition. The court held that Freedom Fighters Pension could not have been cancelled or refused merely on the ground that the deceased Kishori Lall was at the relevant time 12 years of the age. The learned Judge, therefore, directed the Central Government to consider the matter afresh. The claim was once again rejected under order dated 23rd September, 2009. Once again the appellants approached this Court in above CWJC No. 1880 of 2010. The learned Single Judge has rejected the writ petition. Therefore, the present Appeal.