JUDGEMENT
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(1.)THE petitioner is challenging the order passed by the Central Govt. (Annexure A-27) passed in April, 99.
(2.)PETITIONER was initially allowed Samman Nidhi as per order dated 8-4-78. Petitioner alleges that he devoted himself in the freedom movement in the year 1941 in the erstwhile State of Orchha. He participated in the various movements. Petitioner was appointed as Head Master in Jyora which was part of the erstwhile State of Orchha. On account of involvement in the freedom movement the petitioner was arrested by the State Police of Prathivipur on 30-12-46. Petitioner had remained underground from 1-1-1941 to 19-7-42. The petitioner headed the Satyagraha at Charkari. The petitioner was removed from the service as per order dated 28-4-47 by the then Distt. Education Officer, Tikamgarh (Annexure A-l ).
(3.)A scheme was formulated by the Govt. for grant of pension to the freedom fighters in the year 1972. The petitioner applied for grant of Samman Nidhi. His application was allowed and pension was granted on 28-1-75 by Govt. of India. A show-cause notice was issued to the petitioner why grant of pension be not recalled. Petitioner was asked to file certain documents relating to removal. Petitioner submitted that he filed the documents Annexures A-4 and A-5 issued by the Distt. Education Officer, Tikamgarh and Collector Tikamgarh in which fact was mentioned that due to the political activities he was removed from the service. Order of Samman Nidhi was recalled. Petitioner represented the matter to the Central Govt. Ultimately the order has been passed in April, 99 (Annexure A-27 ). The Central Govt. reconsidered the matter and found that claim of the petitioner was based on loss of the job when he participated in the freedom. Since the petitioner could not produce the order relating to his dismissal which could clearly indicate that he was sacked because of his participation in the freedom struggle. Earlier the pension was sanctioned on the false statement that his annual income was below Rs. 5000/per annum.
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