RAM NARAYAN AZAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent no.5 to sanction Swatantrata Senani Samman Pension to the petitioner.

(2.) The brief facts of the case, according to the petitioner herein, is that he is one of the prominent freedom fighter who took active part in the freedom movement in the year 1942 for the country and participated in disrupting the railway track and was wanted by the then British Force, but he remained underground and further participated in the freedom movement actively. After coming into force the new scheme for Swatantrata Senani Samman Pension in the year 1980, the petitioner in order to apply for grant of freedom fighter pension, had procured a Non- availability of Record Certificate (NARC) from the competent authority and for this purpose, he had applied on 25.07.1981 through Chirkut and in token thereof he was given the said certificate certifying that the petitioner had participated in the freedom movement. The petitioner had also obtained personal knowledge certificate on 28.07.1981 duly issued by one Sahdeo Singh, a prominent Freedom Fighter who also certified that the petitioner is a bonafide Freedom Fighter, who had remained underground for more than six months for the period from August, 1942 to 1946 and was a proclaimed offender. The petitioner is stated to have then applied to the State Government for recommending his case for grant of Swatantrata Senani Samman Pension on 03.09.1981 and thereafter he had also sent a copy of the application along with the documents to the Union of India. The State authorities had given registration No.32013 dated 30.11.1981 to the petitioner herein for future communications.

(3.) The respondent State of Bihar is said to have recommended the case of the petitioner vide letter dated 16.02.1986 and had sent a specific recommendation to the respondent Union of India. However, till today, the petitioner has not been sanctioned Swatantrata Senani Samman Pension.