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2009 Supreme(Pat) 127

MIHIR KUMAR JHA
Sarjug Singh – Appellant
Versus
Union Of India – Respondent


JUDGEMENT

1. Heard counsel for the petitioner and counsel for the respondents-Union of India and State of Bihar.

2. In this writ application, the petitioner has sought a relief of quashing of the order dated 20.11.1998 (Annexure-8) and the order dated 13.10.99/2.11.99 (Annexure-13) rejecting his claim for grant of pension under the Freedon Fighter Pension Scheme, 1980. The petitioner has also by way of consequential relief sought a direction to the respondents for payment of such pension with effect from 1.8.1980.

3. With reference to the aforementioned relief the respondents-Union of India has filed a detailed counter affidavit and in paragraph Nos. 8.1 and 8.2 of such counter affidavit reasons have been set out which only explain the impugned order.

4. Paragraph Nos. 8.1 and 8.2 of the counter affidavit reads of follows:-

"The application of the petitioner Shri Saryug Singh was received in this Ministry on 15.4.82 in which the petitioner claimed underground suffering from August 1942 to 14.9.43 and jail suffering from 15.9.43 to 13.10.43. In support of his claim the petitioner furnished a photocopy of a certificate from Superintendent, Jail, Muzaffarpur, Bihar indicating undertria











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