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2000 DIGILAW 66 (DEL)

GOVIND S/O. HARIPANT JOSHI v. UNION OF INDIA

2000-01-24

C.M.NAYAR

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C. M. NAYAR ( 1 ) THE petition has been filed for issuance of direction to the Respondent to grant freedom fighters pension to the petitioner under the scheme known as Swatantrata Sainik Samman Pension Scheme; 1980. The relevant details about the case are referred to in paragraph 2,3 and 4 of the writ petition which read as follows:- ( 2 ) THE petitioner was a freedom fighter and took active part in Civil Disobedience Movement of Hyderabad State against the regime of Nizam Government of Hyderabad. A criminal case was registered against him under Section 122. 126, 126a of Hyderabad Security Act. In the said case, trial was started against the petitioner in Nizam Sahib Adalat (Court) Paithan, District Aurangabad. The petitioner was awarded the sentence for a period of 3 years and one month on 24. 8. 1948 Fasli i. e. 24. 5. 1939 A. D. The Petitioner was subsequently released from Aurangabad Central prison on 10. 11. 1948 Fasli i. e. 10. 8. 1939 A. D. , on the Government order. ( 3 ) THE petitioner suffered imprisonment in Aurangabad Central Jail and was released on the birth day of late Nizam of Hyderabad vide Government Circular No. MIS/3962/33206/iv dated 4/02/1954 of Home Department (R. No. 8765) i. e. on Government Orders. If the Government order had not been issued, the petitioner would have suffered imprisonment in Aurangabad Central Jail for a full period of 3 years and one month. In this way, the petitioner is eligible for the grant of freedom fighters pension under the Swatantrata Sainik Samman Pension Scheme from the Central Revenue of the Government of India. The petitioner did not ask for pardon for his release. ( 4 ) THAT the petitioner had originally submitted an application on 5. 12. 1973 under the file No. 21/15440/73/f/iv/nanded (273) dated 2. 2. 1974. The petitioner sent a reminder/application dated 23. 1. 1999 for the grant of Swatantrata Sainik Samman Pension and a copy of the same has been annexed with this petition as Annexure P-1. ( 5 ) THE petitioner submitted the certificate to the effect that he has suffered imprisonment for more than six months as will be indicated from reading of paragraph of the writ petition which is reproduced as below:- "6. ( 5 ) THE petitioner submitted the certificate to the effect that he has suffered imprisonment for more than six months as will be indicated from reading of paragraph of the writ petition which is reproduced as below:- "6. That the petitioner after application could get the certification of imprisonment issued by the Superintendent, Aurangabad Central Prison wherein it has been certified that the petitioner was admitted into Aurangabad Central Prison on 24. 8. 1348 Fasli i. e. 24. 5. 1939 A. D. for taken part in the Civil Disobedience Movement of Hyderabad State. The certificate also indicate that the petitioner was awarded imprisonments for 3 years 1 month under Section 122, 126a, 164 of Hyderabad State of Nizam Sahib Adalat (Court) Paithan, District Aurangabad on 24. 8. 1348 Fasli i. e. 24. 5. 1939 A. D. on Government orders. The copy of the said certificate has been annexed with this petition as Annexure P-4. " ( 6 ) COUNTER affidavit as filed by the Respondent-Union of India has been placed on record. The following averments in paragraph 3 will show that the claim of the petitioner has been verified:- "3. That the petitioner has claimed active participation in Hyderabad Freedom Movement. As per his application received in this Ministry on 28. 1. 99, he was sentenced for a period of three years on 24. 8. 1348 Fasli and was released subsequently from Aurangabad Central Prison on 10. 11. 1348 Fasli on Government orders. He has claimed that he was released from jail on the birthday of Nizam Government. In support of his claim, he has submitted a copy of jail certificate from Superintendent Central Prison Aurangabad. His case was referred to the State Government of Maharashtra for mandatory verification vide letter dated 22. 10. 99. The Superintendent Central Prison Aurangabad verified the jail certificate and furnished their report. However, the necessary verification report of the State Government has not yet been received in this Ministry. Regarding the claim of imprisonment, it is stated that since the mandatory report of the State Government is not available in this case, the same cannot be accepted. " ( 7 ) THE judgment reported as Surja and others Vs. Union of India and another (1991) 4 Supreme Court Cases 366 supports the contentions as raised in the petition. Regarding the claim of imprisonment, it is stated that since the mandatory report of the State Government is not available in this case, the same cannot be accepted. " ( 7 ) THE judgment reported as Surja and others Vs. Union of India and another (1991) 4 Supreme Court Cases 366 supports the contentions as raised in the petition. ( 8 ) THE writ petition as a consequence is allowed and the petitioner is held entitled to pension under the Scheme. The pension shall be paid w. e. f. 1/08/1980 as has been granted in other similar cases within two months from today. There will be no order as to costs.