Decided on May 11,2007

UNION OF INDIA Respondents


KAILASH GAMBHIR, J. - (1.) By way of this writ petition, the petitioner Smt. Bachan Kaur has sought directions for setting aside Order dated 12.5.2003 passed by the Union of India/respondent no.1 and order dated 10.5.2005 passed by the Government of Punjab/respondent no.2. The petitioner has also sought directions against the respondents for grant of pension as per SSS Pension Scheme 1980. Counsel for the petitioner has also sought directions against the respondents for tendering apology for causing loss of respect and for causing aspersions on the integrity of the freedom fighters by denying the Swatantrata Sainik Pension to the petitioner.
(2.) The facts as set out in the petition are that the petitioner remained in jail for a period of not less than 7 and half months for taking part in the Kisan Morcha, lahore in the year 1939 (April-October). It is further stated that the petitioner did not participate in the freedom struggle for any award or for the recognition by the State or the Central Government, but she did it out of her love for her country and for her inner voice which commanded her to jump in the freedom struggle. The petitioner has further stated that she belongs to the family of freedom fighters as her mother participated in the freedom struggle, whom she considered as her mentor. The petitioner has further contended that at the age of 13 years when other girls of her age were playing with toys and dolls, she had chosen the path of participating in the freedom struggle against the draconian British regime instead of playing with toys and games. The petitioner has also stated that earlier she never cared for the pension scheme as announced by the Government and it is quite in the late period that she had taken the steps for the grant of said pension. The petitioner also contended that she started getting the pension envisaged for the freedom fighters in the year 2000 and thereafter she had taken necessary steps for grant of pension from the UOI.
(3.) The petitioner also stated that along with her application for grant of said pension, she had annexed necessary certificates of two co-prisoners namely, Shri Kundan Singh, S/o Sh. Bhan Singh and Sh. Waswa Ram, S/o Sh. Mehar Chand.;

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