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2004 Supreme(SC) 919

S.N.VARIAVA, G.P.MATHUR
W. B. Freedom Fighters Organization – Appellant
Versus
Union Of India – Respondent


JUDGMENT

S.N. Variava, J.-By this Writ Petition, under Article 32 of the Constitution of India, the Petitioners seek the following relief:

"To issue Writ/Order/Direction to the State Government to send reports about the freedom fighters to the Union Government to expedite payment of Freedom Fighters Pension from the commencement of the Scheme from 1.8.80 to the petitioner organization being the freedom fighters."

This Petition has been filed by the Association whose members claim to be freedom fighters.

2. The Government of India had announced a Scheme known as the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter called the Scheme ) under which freedom fighters were to receive pension as mentioned in the Scheme. Any person who had suffered a minimum imprisonment of six months in the mainland jails before independence or in case of SC/ST freedom fighter who had suffered minimum imprisonment for three months is eligible to receive the pension. The manner of proving claims is as follows :

"The applicants should furnish the documents indicated below whichever is applicable in order to prove his claimed sufferings for grant of pension under the Scheme.

(A) IMPRISONMENT/DETENTION:-




























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