JUDGMENT 1. - Heard learned counsel for the parties, perused the memo of special appeal, entire record of the writ petition and the impugned order of the learned single Judge. 2. The petitioner-appellant, aged 81 years, filed S.B. Civil Writ Petition No. 4054 of 1997 in the Court and prayer has been made therein for direction to the Union of India to release the freedom fighter pension in his favour effective from 1st of August, 1980. Further prayer is made for giving him arrears of the pension with interest at the rate of 24% per annum with effect from 1.8.1980. 3. The State of Rajasthan, the respondent No. 1 undisputedly conferred upon the petitioner appellant 'taamra-patra' on 13.4.1988. The petitioner appellant filed the document Annexure- 1 with the writ petition issued from the Woolner Hostel, Lahore dated 4th of January, 1935 which, prima facie, gives out that he was arrested relating to his revolutionary activities. The petitioner appellant has also produced the document Annexure- 3 dated 5th of April, 1988, the letter of the District Magistrate. Ajmer informing him of confirmation of the 'taamrapatra'. 4. That apart, the petitioner appellant has produced the correspondence in between the parties for his claim of grant of the Central Government freedom fighter pension. 5. From the memo of appeal I find that the counter affidavit has been filed by the respondents No. 2 and 3 and emphasised that his claim is not tenable. This order is dated 13th of January, 1999. The learned Single Judge has dismissed the writ petition of the petitioner appellant on 13th of August, 1997 only on the ground that the State of Rajasthan has been impleaded as a party through the Chief Secretary. The Chief Secretary was not the competent authority. The learned Single Judge has dismissed the writ petition of the petitioner appellant on another ground that the petitioner appellant's Advocate was directed to ascertain who is competent authority in fact dealing with the matter of grant of freedom fighter pension, which he refused to comply. 6. In the writ petition the State of Rajasthan has been impleaded as a party through the Chief Secretary. 6. In the writ petition the State of Rajasthan has been impleaded as a party through the Chief Secretary. So far as the State of Rajasthan is concerned, the learned counsel for the petitioner appellant submitted that the freedom fighter pension has been granted by it in favour of the petitioner and he has not prayed any relief against the State of Rajasthan. Under the order dated 31.7.1997 in the writ petition, no doubt, this direction was given to the petitioner appellant. But the fact that the petitioner appellant is not claiming relief against the State of Rajasthan and the State of Rajasthan is impleaded through the Chief Secretary; the dismissal of the writ petition on this ground is not justified. The decision in the matter of the petitioner appellant not to grant to him the freedom fighter pension has been taken by the Union of India after the writ petition came to be decided. 7. In the result, this special appeal succeeds and the same is allowed. The order dated 13th of August, 1997 in S.B. Civil Writ Petition 4054/1997 is quashed and set aside. The matter is remanded back to the learned Single Judge to decide the matter afresh on merits, as the order of the Central Government denying the freedom fighter pension to the petitioner appellant lo has been passed after the decision of the writ petition. The petitioner appellant is free to apply for amendment of the writ petition challenging the order of the Central Government denying him freedom fighter pension.Special Appeal Allowed - Case Remanded for Decision Afresh with Liberty to Amend Petition. *******