MUKHTYAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has prayed for direction to respondents to release the freedom fighter pension payable to petitioner with effect from August 1, 1980 along with the interest at the rate of 24% per annum from August 1, 1980.

(2.) AS per the averments made in the writ petition the petitioner actively participated for Independence of India during British Regime. He was arrested in January 1935 in relation to revolutionary activities. He was tried and sentenced to suffer imprisonment for one year and six months. Such intimation was sent by Hostel Superintendent of Woolner Hostel Lahore. On April 13, 1988 the petitioner was conferred a Tamrapatra by the State of Rajasthan. The Pension Pay Order No. 1742 was also issued to pay the petitioner pension Rs. 250/- per month from January 1, 1986, but no pension was paid to him. In the year 1981 the applications were invited from freedom fighters for pension under the scheme of Freedom Fighter's Pension. Vide order dated June 8, 1987 the application of petitioner was rejected without considering the affidavit of co-prisoner Mr. Veer Singh Mehta who was granted pension vide PPO No. 188 and 333. Against the order dated June 8, 1987 the petitioner submitted representations clarifying the objections. Vide letter dated April 18, 1990 the office of Prima Minister informed the petitioner that his representation has been forwarded to Home Ministry. The petitioner submitted many representations before the authorities time to time. While the coprisoner Veer Singh Mehta is getting pension from State and Central Governments. Lastly the notice for demand of justice was served on February 24, 1997.