CHANDRA NARAYAN JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the petitioner and the counsel for the Government of India as also counsel for the State.

(2.) THIS Court would find that the impugned order rejecting the claim of the petitioner for grant of pension under the Freedom Fighter Pension Scheme is not de hors such earlier orders of rejection. Earlier also the claim was rejected on 4.8.1986, again oh 5.5.1993 and also on 13.11.1998. Such fact mentioned in paragraph 13 of the counter affidavit has not been controverted by the petitioner by filing any rejoinder affidavit. That would mean that the petitioner 'scase received ample consideration and probably in its all possible ramification. As a matter of fact the order dated 10th of August, 2001 also sets out the reasons which on examination are not found to be either vitiated or based on error of record. Such reasons are: As a matter of fact when the attention of the learned counsel was invited to reason no. 1 and the corresponding document being Annexure -2, he would fairly agree that no detail whatsoever was given with regard to the plea of petitioner being underground freedom fighter. He, however, submits that later on this was sought to be rectified by the State Government. Unfortunately such cannot be a case of a person claiming pension under the Scheme because it is his declaration which has to be tested by either Government of Bihar while making recommendation or the Government of India while taking a final decision. As a matter of fact the reasons, which have been given for rejecting the case of the petitioner, do not suffer from any infirmity and in fact there is no error in the decision making process.

(3.) THAT being so, this application is misconceived and is accordingly dismissed.