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2002 Supreme(Ker) 656

A.K.BASHEER
Krishnankutty – Appellant
Versus
Union of India – Respondent


Judgment :-

1. Petitioner who had participated in the Punnapra-Vayalar struggle and had undergone imprisonment as an under trial prisoner was awarded pension by the Central Government under the Freedom Fighters' Pension Scheme, 1972 by Ext. P1 order dated 10.3.1977. However, by Ext. P2 communication dated 18.3.1978 issued by the Ministry of Home Affairs, Government of India, the said grant was cancelled on the ground that the Punnapra-Vayalar struggle was not recognised as a part of freedom struggle by the Government of India. Subsequently, Government of India recognised Punnapra-Vayalar struggle also as part of the Freedom Movement with effect from 20.1.1998. Therefore petitioner submitted a representation requesting for restoration of his suspended Freedom Fighters' Pension. By Ext. P3 communication dated 19.11.1998, respondent No.1 requested the Government of Kerala to furnish details showing the participation of the petitioner in Punnapra-Vayalar struggle in order to award the Freedom Fighters' Pension to the petitioner. In the meanwhile, Freedom Fighters' Pension Scheme 1972 was modified and liberalised and it was re-named as Swatantratha Sainik Samman Pension Scheme, 1980.

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