UNION OF INDIA Vs. RAGHUNATH PAPRIKER

JUDGEMENT

(1.) THE appellant-Union of India has filed this Writ Appeal against the order dated 22-9-2011, passed by the learned Single Judge in W.P. No. 2035/2009.

(2.) THE respondent No. 1, who is getting Samman Nidhi (Pension) from the State Government being a Freedom Fighter, submitted an application to the Union of India for grant of Pension under Freedom Fighter Pension Scheme. The matter was forwarded to the State Government for verification. The State Government vide letter dated 3-4-2007 requested the Union of India to grant Freedom Fighter Pension to the respondent No. 1/petitioner. The appropriate authority of Union of India considered claim of the respondent No. 1 and rejected the same vide order dated 23-8-2007 on the ground that the respondent No. 1 did not fulfill the criteria in regard to grant of Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the 'Scheme of 1980') because he failed to prove the fact that he had remained underground for more than six months during Freedom Struggle.

(3.) LEARNED Counsel appearing on behalf of the the appellant has contended that the appellant does not fulfill the criteria in regard to grant of pension under the Scheme of 1980, hence, he is not eligible to receive Swatantrata Sainik Samman Pension. The criteria to receive pension or Samman Nidhi under the Scheme of 1980 of Union of India and the rules framed by the State Government named as Madhya Pradesh Swatantrata Sangram Sainik Samman Nidhi Niyam, 1972 (hereinafter referred to as 'the Rules of 1972') is different. Hence, the order passed by the learned Single Judge is contrary to law. In support of his contentions, learned Counsel relied on the judgment of Hon'ble Supreme Court in the case of Mahender Singh Vs. Union of India, reported in (2010) 12 SCC 675.