SHYAMANAND PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE case was earlier heard on 17.4.98 when this Court passed the following order : ''The petitioner has challenged the order dated 11th April, 1997, by which the freedom fighter pension as was granted to the petitioner in the year 1986 (Annexure -9) was stopped and cancelled. Admittedly, the petitioner was granted such pension as a freedom fighter on the ground that he underground himself when a G.R. Case no. 632/42 was filed in which he was one of the accused. However, in the impugned order, it has been stated that the said case was not related with the freedom struggle and on enquiry, the District Magistrate, Darbhanga has intimated that certain person have obtained freedom fighters pension giving wrong reference of the said case. In the recent writ petiton, a supplementary affidavit has been filed on behalf of the petitioner enclosing therein an order passed in G.R. Case no. 632 of 1942 (State vs. Bindeshwari Prasad and others), as contained in Annexure -25, to show that the said case related to freedom struggle and that the petitioner was an accused in the said case, which was lodged in the month of August, 1942. According to the counsel for the Union of India, in terms of the earlier diection of this Court, a report was submitted by the District Magistrate, Darbhanga on the basis of which the impugned order was passed by the Union of India. However, this fact has been disputed by the counsel for the petitioner. Having heard the counsel for the parties, according to me, the matter requires consideration and for that I want to dispose of the writ petition at the stage of admission itself. A counter affidavit has already been filed on behalf of the Union of India, but no counter affidavit has been filed on behalf of the State. I, therefore, direct the counsel for the State to file a counter affidavit enclosing therein the letter of the District Magistrate, Darbhanga, by which report was submitted with respect to the petitioner. They will also make their stand clear with respect to Annexure -25 as enclosed by the petitioner in his supplementary affidavit. Place the case for admission on 15th May, 1998"

(2.) THEREAFTER , in spite of time granted to the counsel for the State, on subsequent dates, no counter -affidavit has been filed on behalf of respondent -State or the District Magistrate, Darbhanga. The fact that the petitioner was shown as an accused in G.R. case no. 632/42 (State vrs. Bindeshwari Prasad and others), as evident from Annexure -25 has not been disputed. It has also not been disputed that the aforesaid case related to freedom struggle where the petitioner was made an accused.

(3.) ACCORDINGLY , the said impugned order dated 11:4 is set aside with the direction to the respondents to provide the petitioner with the freedom fighter pension to which he is entitled and to pay the arrears as well as current pension immediately. In any case, the arrears of pension is to be paid in favour of the petitioner within a period of two months from the date of receipt/production of a copy of this order.