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2006 Supreme(SC) 637

LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Union of India – Appellant
Versus
Avtar Singh – Respondent


JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. The Union of India calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the Letters Patent Appeal filed by it. Learned Single Judge whose order was assailed before the Division Bench had held that the respondent was entitled to freedom fighters pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (in short scheme).

3. Background facts in a nutshell are as follows:-

The respondent claimed that he had participated in the freedom struggle of the country and had suffered imprisonment and was, therefore, entitled to pension under the scheme. Earlier there was a Freedom Fighters Pension Scheme, 1972 (hereinafter referred to as the 1972 scheme). The later Scheme was introduced in 1980. Though initially pension was granted to the respondent, by order dated 18.12.2000, it was indicated on inquiry that the respondent had indicated two different versions while claiming pension under the Scheme. In the application accompanied by an affidavit filed before the State of Punjab, the period of imprisonment was indicated to be 20.10.1942 to 20.10.1943. But a different period i























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