BAKHORI MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) AFTER having heard the learned counsel for the parties, this writ application is being disposed of at the admission stage itself. In this case, prayer of the petitioner is for quashing the order dated 30.1.95 passed by respondent Under Secretary, Ministry of Home, Govt. of India, by which prayer of the petitioner for grant of freedom fighter pension is sought to be rejected, copy of the said order is made Annexure -1 to this writ application. It is submitted that he has suffered under ground for the period from 7.12.42 to 26.9.43 but because of the fact that he got the application filled up by some one else the correct date has not been mentioned in the application. However, it appears that the State Government, after taking into consideration the relevant aspects of the matter, sent recommendation on 21st April, 1995 to the Union of India to consider the case of the petitioner afresh in the light of the statement made aforesaid by the petitioner. It appears that while passing the impugned order the subsequent statement made by the petitioner and the recommendation of the State Government has not been considered by the respondent Under Secretary, Govt. of India. Accordingly, at this stage, without going into the merits of this case, I direct the respondent Secretary, Department of Home, Govt. of India, New Delhi, to reconsider the case of the petitioner in the light of the aforesaid observations as well as the recommendation of the State Government dated 21st April, 1995, copy of which is made Annexure -4 to this writ application, and pass a fresh order in accordance with law, as early as possible, preferably within six weeks from the date of receipt/production of a copy of this order. Accordingly, the order dated 31.1.95 as contained in Annexure -1 is quashed and this writ application is allowed to the extent indicated above.

(2.) LET it be recorded that I have not gone into the merits of this case.