- (1.) In this petition, the short question for consideration is that from which date the petitioner is entitled to pension under the Swatantrata Sainik Samman Pension Scheme, 1980.
(2.) I have heard the counsel for the parties and perused the paper book. From the perusal of the paper book, it is revealed that the Union of India vide order dated 4.6.1993. The petitioner who is a freedom fighter has filed the present petition seeking mandamus to the respondents to grant him pension under the Swatantrata Sainik Samman Pension Scheme and with a further prayer that the order dated 28.4.1988 (Annexure P-8) be quashed vide which the Union of India has declined the request of the petitioner to grant pension. This Court vide its order dated 4.6.1993 had directed respondent No. 1 to re-consider the matter and pass a speaking order. In pursuance of this Court's order, the Union of India has placed on record as affidavit of Sh. S.K. Jain, Under Secretary to Government of India, Ministry of Home Affairs, in which it has been stated that the petitioner has been granted pension from 17.1.1992. However, Mr. Bansal, learned counsel for the petitioner contends that the petitioner is entitled to the benefit of pension from the date he has made the application. In support of his submission learned counsel for the petitioner has relied upon in Mukand Lal Bhandari and others vs. Union of India and others,1993 3 RSJ 645.
(3.) I have gone through the Mukand Lal's case I am of the considered view that the pension under the scheme should be made payable from the date on which the application is made, whether the application is accompanied by necessary proof of eligibility or not. In view of this, the petitioner is held entitled to the benefit of pension from 313.1982 that is the date on which application was made. However, the petitioner would not be entitled to any interest.;