T N DHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner claiming to be a Freedom Fighter, in the instant writ petition, seeks the following relief: (a) the respondents be directed to release Freedom Fighters Pension payable to the petitioner. (b) the respondents be directed to pay the arrears of pension payable to the petitioner with effect from December 15, 1981 along with interest @ 18 per cent per annum.

(2.) AS per the facts depict in the writ petition the petitioner had participated in the Freedom movement of India during the British regime. The petitioner remained in Jail during 1946-1947. In June 1946 during lathi charge by Police at Domel Bridge in Srinagar, the petitioner sustained fracture on his foot. The petitioner remained in Jail in September 1942 and onwards at Srinagar and Kargil. These facts have been verified by Shri Sheikh Mohammed Abdullah, the then Chief Minister of Jammu and Kashmir State on the basis of record and on verification of Mohalla Committee President and Secretary. The certificate was issued on April 7, 1949 in Urdu Language. During the period between November 16, 1947 to November 16, 1949, the petitioner worked as the ASsistant Manager of Refugee Camp No. 24 at Srinagar.

(3.) THE petitioner filed separate rejoinders to the reply and the counter affidavit submitted by the respondents reiterating the facts stated in the writ petition.