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1993 Supreme(HP) 111

DEVINDER GUPTA, LOKESHWAR SINGH PANTA
KANAHYA LAL ALIAS GHURKA RAM – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
R. K. Gautam, for Petitioner; P. A. Sharma, Sr. Central Govt. Standing Counsel (for No. 1) and G. D. Verma, Addl. Advocate General (for No. 2), for Respondents.

JUDGEMENT

Devinder Gupta, J. :- The short point involved in the writ petition is as to from which date, the petitioner ought to have been allowed the pension under the Freedom Fighters Pension Scheme, 1972, which was re-named as Swatantra Sainik Samman Pension Scheme, 1980. The undisputed facts are that the petitioner took part in the freedom struggle of the country from 1946 till the merger of Bilaspur in the Indian Union in the year 1948. It is also not disputed that no application was made by the petitioner for grant of pension before 1972 Scheme was liberalised and re-named as Swatantra Sainik Samman Pension Scheme, 1980, which be come effective from 1st August, 1980. The application for grant of pension by the petitioner was submitted on 30th July, 1981 claiming that he had been interned by the verbal orders issued by the Ruler of Bilaspur and was subjected to such internment for a period of more than six months.

2. The petitioners request did not find favour with respondent No. 1 despite number of representations submitted by him, which compelled him in approaching this Court when he filed CWP No. 510 of 1988. The said writ petition was decided on 21st August, 1990 holding tha









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