The court's decision was influenced by the lack of challenge to the claims of 41 petitioners, the production of supporting documents, and the government's indication of no objection to grant the pension, leading to the direction for payment of Freedom Fighters Pensions to these petitioners.

ORDER

1. Heard learned counsel for the parties. This is a petition on behalf of 55 petitioners for being admitted to the benefits of the Freedom Fighters Pension Scheme on the plea that each of them under the provisions of the scheme has become entitled to such pension. The matter was adjourned to enable counsel for the petitioners to provide some acceptable material in support of the claim of each of the petitioners.

2. Mr Mahabir Singh appearing in support of the petition states that by an order dated July 5, 1990 the government have accepted the claim of petitioner 20 Smt. Khazani Devi and have indicated in the order that she should be sntitled to pension at the prevailing rates retrospectively from August 1, 1980.

3. Mr Mahabir Singh has also stated that in spite of ail his efforts he has not been able to get supporting material in respect of petitioners - (6) Dagraj Rathor, (16) Ram Sarup, (17) Baldev Singh Arya, (18) Daya Ram, (21) Chhota Ram, (22) Madhav Singh, (34) Saroop Singh, (35) Mangat Ram, (36) Smt. Rup Kaur, (37) Moji Ram, (38) Risala, (43) Lajpat Rai and (52) Smt. Phoolwati Devi. In view of this statement of Shri Mahabir Singh that for these 13 petitioners no documentary evidence is available, their claim is rejected.

4. With the rejection of the claim of 13 petitioners and with the claim of petitioner 20 having been granted by government, there remain the claims of 41 petitioners. Mr Mahabir Singh states that claim of cach of these 41 petitioners is supported by relevant documents which he has produced. This assertion is not denied. In view of the same and on account of the statement made on behalf of the Union of India on the earlier occasion to the effect that in documents being produced in support of the claim, there would be no objection to grant of pension and in view of the fact that no counter has been filed challenging the specific, claims, we direct that these 41 petitioners shall be paid Freedom Fighters Pensions at least from August 1, 1980, the date from which petitioner 20 has been ordered to receive the same. While granting pension from that date the appropriate authority shall ensure that pension at varying rates from time to time is paid to the respective petitioners within three months from today. The writ petition is disposed of accordingly. No costs.

For Citation : 1990 (Supp) SCC 762.

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