BANSI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the year 1972, Freedom Fighter Pension Scheme was formulated, which in the year 1980 was renamed as "Swatantarta Sainani Samman Pension Scheme" and was amended from time to time.

(2.) IN the year 1985, the State of Himachal Pradesh also formulated "HP Swatantarta Sainani Samman Rashi Yojna Scheme".

(3.) THE Respondents contested the claim of the Petitioner and filed separate replies.Respondent No. 1 -Union of India in their reply submitted that they neither received the case of the Petitioner nor any representation for pension. They also disputed the alleged certificates of Shri Devi Ram and Shri Tulsi Ram Mehta being totally incorrect, whereasRespondent No. 2 -State in their reply submitted that the case of the Petitioner was received through Deputy Commissioner, Bilaspur in the year 2006. The Deputy Commissioner aforesaid reported that there was no record about the participation of the Petitioner in "Praja Mandal Movement", thus not eligible for the grant of pension. Moreover, the age of the Petitioner was about 13 years at the time of "Praja Mandal Movement" in Bilaspur and the claim of the Petitioner was also placed before the sub -Committee constituted under the HP Freedom Fighter 'sWelfare board in its 51st meeting held on 18.5.2006. The Committee considered his case. As the Petitioner submitted his claim on the basis of certificates of other freedom fighters, who themselves have been declared as freedom fighters on the basis of certificates issued by other freedom fighters. Therefore, his application was rejected and the Petitioner was accordingly informed. The Petitioner made the request in writing on 23.2.2007 to reconsider his case on humanitarian grounds under the Scheme. It was again placed before the HP Freedom Fighters Welfare Board in its 52nd meeting held on 20.7.2007. The Committee carefully examined the record of the Petitioner 'scase and keeping in view the Deputy Commissioner 'sreport, it was again rejected. Hence this petition.