LAWS(ORI)-2007-5-75

RAM CHANDRA MUDULI Vs. UNION OF INDIA

Decided On May 18, 2007
RAM CHANDRA MUDULI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE grievance of the petitioner in this writ petition is with regard to denial of the benefits of Swatantrata Sainik Samman Pension (for short SSSP) to him by the Ministry of Home Affairs, Government of India. Prayer is made to quash the order dated 3rd March, 2005 rejecting the claim made by the petitioner under the SSSP Scheme.

(2.) ACCORDING to the petitioner during the Darbar Administration of Khandapada Ex -State he took active part in freedom struggle and the administration being enraged harassed him in many ways by implicating him in false cases, issuing warrants against him and getting him arrested. It is alleged that for his taking active part in Prajamandal Movement he was subjected to underground stay at Manikagoda from 25.3.1945 to 15.11.1945. Considering the aforesaid facts the State of Orissa has been pleased to grant freedom fighter pension to him since 9.3.1988. According to him as he satisfies the eligibility to receive pension under SSSP Scheme also from the Government of India, he filed an application on 7.3.1987 for extending the said benefit under the Scheme. Unfortunately however the concerned authorities did not dispose of the application filed by the petitioner and adopted dilly dally tactics. Having no other remedy he approached this Court in W.P.(C) No.3884/2003 with a prayer to issue a writ calling upon the concerned authorities to sanction SSSP by Government of India from 7.3.1987. This Court disposed of the writ petition directing the concerned authorities to reconsider his application in consonance with the provisions of the Scheme, Notification issued by the Union of India and materials available. The concerned authorities were also directed to take a decision within a period of six months from the date of communication of the order. Thereafter the matter was considered once again by the opposite parties 1 and 2, but again they found him not eligible for grant of SSSP by Government of India for the following reasons:

(3.) I have heard learned counsel for the parties at length and perused the materials annexed to the writ petition as well as the Scheme. As per the provisions of the Scheme a person who had suffered minimum imprisonment of six months (three months in case of SC/ST) on account of participation in freedom struggle is required to furnish the following evidence: