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2008 Supreme(Pat) 720

SHIVA KIRTI SINGH, J.N.SINGH
Radhika Devi – Appellant
Versus
Union Of India – Respondent


Judgment

Shiva Kirti Singh and J.N.Singh JJ.

1. Heard learned counsel for the appellant and learned counsel for the Union of India Mr. S.N. Pathak.

2. The appellant had claimed arrears of freedom fighter pension for the period between 4.3.1978 to 9.11.1997 through writ petition bearing C.W.J.C. No. 10718 of 1998 which has been dismissed by order under appeal dated 30.3.2000 but the Writ Court has given an observation that if the petitioner is able to produce relevant materials to the satisfaction of the Central Government that the doubt as to whether her husband was compelled to remain underground for six months or more is dispelled, then the respondents will consider the case of the pensioner Dargahi Lal Keshari, the deceased husband of the petitioner, and then a fresh order may be passed by the respondents in respect of the petitioners claim in accordance with law.

3. From the materials available on record, it is not in dispute that petitioners husband was granted freedom fighters pension under the 1972 Scheme on 12.5.1975 with effect from 15.8.1972 but the said grant was suspended on receipt of complaints on 4.3.1978. It appears that after filing show cause etc. in the matter the








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