SHRI KISHAN AGRAWAL Vs. STATE

JUDGEMENT

(1.) At request, matter has been finally heard and is being disposed of at admission stage.

(2.) Instant petition, has been filed by a senior citizen, claiming himself as a freedom fighter seeking mandamus against respondents to grant him pension under Rajasthan Freedom Fighters Aid (Swantantrata Senani Samman Pension) Rules, 1959 ("Pension Rules, 1959") from the date of application (05/03/97) along with interest on arrears.

(3.) As alleged in the petition, petitioner claiming himself as a freedom fighter and presently residing in Ajmer alongwith his wife Smt. Chanda Bai, being dependent upon him, applied for grant of pension under Rules, 1959, on 05/03/97 alongwith supporting certificates of his participation in National Independence Movement besides certificates of his two cofellow freedom fighters (Pannalal Maheshwari & Jyoti Swarup Vyas) who are presently getting pension under Rules, 1959. As alleged, petitioner participated in National Movement of Quit India launched by Late Mahatma Gandhi, Father of Nation in August, 1942 where he was arrested and punished at Ajmer & Neemuch (MP); and that apart, also participated in other activities of National movements under leadership of Rajputana terrorist renowned Shri Jwala Prasad Sharma, during which many a times, he was subjected to arrest, punishment, lathi charge and house arrest. As alleged, his contribution to National Movements was duly appreciated by co-participant/freedom fighters and that apart, he was sentenced to imprisonment in Central Jail, Ajmer with coprisoner Shri Panna Lal Maheshweari and even at the age of 15 years, he was detained under Defence of India Rules in Central Jail Ajmer and was subjected to torture and punishment; inasmuch as for several years, he had spent his life underground in area of Nag Pahar & Panchkund (Pushkar) as he was apprehended by British Police for his participation in Independence movement; and his participation in National movements was recognised/acknowledged by District Congress Committee vide certificate dt.09/02/06 (Ann.3) and others vide certificates dt.08/04/06 (Ann.4), 23/04/07 (Ann.5).