SHANKAR NARAYAN KOLHE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner claims that he had participated in the Indian Freedom movement and was arrested by the police under Rules 56 (1) and 56 (4) of the Defence of India Rules. He was convicted by the learned magistrate at Dharagaon and was sentenced to suffer R. I. for one year. He was confined in Dhule District Prison from 18th August, 1942 to 12th January, 1943 and was released before completion of the sentence period of one year unconditionally and perhaps on account of the general amnesty granted by the government of India then. In support of these contentions he relied upon the certificate dated 30th July, 1962 issued by the Superintendent of Dhule District Prison.

(2.) ON 31st July, 1978 he submitted an application for freedom lighters pension under the 1972 scheme framed by the Government of India. He had also submitted such an application to the Respondent No. 2 as well. By order dated 11th May, 1983 he was awarded the pensionary benefits by the Government of Maharashtra. At the same time, the Government of India modified the 1972 scheme and renamed it as Swantrata Sainik Samman Nivrutti Vetan Yojna, 1980 and the Petitioner had submitted the application for his claim. Petitioner says that his case was recommended by Respondent No. 2 State Government on 26th March, 1987 to the Government of India and inspite of such a recommendation his claim has not yet been considered by the Respondent No. 1 for pensionary benefits under the 1980 scheme. Hence, this petition.

(3.) SHRI S. K. Saini, Director in Freedom Fighters Division of the Ministry of home Affairs, Union of India has filed return on behalf of Respondent No. 1. So far as the Petitioner's claim is concerned, we reproduce the statements made in para Nos. 6 and 7 of the same return :