RADHIKA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the Union of India Mr. S.N. Pathak.

(2.) THE appellant had claimed arrears of freedom fighter pension for the period between 4.3.1978 to 9.11.1997 through writ petition bearing C.W.J.C. No. 10718 of 1998 which has been dismissed by order under appeal dated 30.3.2000 but the Writ Court has given an observation that if the petitioner is able to produce relevant materials to the satisfaction of the Central Government that the doubt as to whether her husband was compelled to remain underground for six months or more is dispelled, then the respondents will consider the case of the pensioner Dargahi Lal Keshari, the deceased husband of the petitioner, and then a fresh order may be passed by the respondents in respect of the petitioner 'sclaim in accordance with law.

(3.) THE grievance of the appellantpetitioner is against the aforesaid order. It has been submitted that even if High Court Of Judicature At Patna Versus Ram Kripal Prasad a benefit of doubt was the basis for allowing pension to the petitioner, since her deceased husband was sanctioned such pension and he received the same prior to 4.3.1978, the pension which has been restored, should be with effect from that date with entitlement for arrears which have not been paid for the period between 4.3.1978 to 9.11.1997.