SARDA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) I begin this order with a prefatory note. The freedom fighters are not getting the respect which they deserve, perhaps the sovereign suspect their claim. The sovereign plea that freedom fighters moving in the train and other places on account of facilities provided to freedom fighters, in fact, never contributed in the liberation of the country and had obtained freedom fighter samman pension by fraud, misrepresentation and connivance of the State Government and the Central Government. The case in hand proved their point.

(2.) PETITIONER 's husband besides 26 other persons were sanctioned pension under the Freedom Fighter Samman Pension Scheme. The aforesaid pension was granted to petitioner's husband on the basis of the recommendation, said to have been made by the State Government. The matter of grant of pension to various persons illegally claiming to be the freedom fighter came to the notice of this Court in a public interest litigation, which was registered as C.W.J.C. No.10638 of 2001. In the light of the direction of this Court, the matter was examined by the State Government and it was found that 27 persons, which included the petitioner's husband, were granted freedom fighter pension without the recommendation of the State Advisory Committee of the State Government.

(3.) MR . Prasad submits that there is nothing on the record to suggest that the case of the petitioner was not recommended by the State Advisory Committee and the foundation of the impugned order being nonest the order of the Central Government cancelling the pension is illegal in the eye of law.