Back
Himachal Pradesh High Court
P. D. DESAI, C.J. AND H. S. THAKUR, J.
Girdhari Lal - Appellant
Versus
Union of India and another - Respondents
C.W.P. No. 346 of 1984
Decided On : 17 September 1984
FREEDOM FIGHTERS PENSION SCHEME - CL.(G) - INTERPRETATION - MINIMUM PERIOD OF IMPRISONMENT - NOT REQUIRED - FREEDOM FIGHTER DETAINED FOR PARTICIPATION IN PRAJA MANDAL MOVEMENT - ENTITLED TO PENSION IRRESPECTIVE OF TERM OF DETENTION.
Fact of the Case:
Petitioner, a subject of the former Princely State of Mandi, claimed pension under the Freedom Fighters Pension Scheme, 1972, for his detention from Sept. 24, 1947, to Jan. 7, 1948, for participating in the Praja Mandal Movement for the merger of the State with the Union of India.
Finding of the Court:
The court held that the petitioner's case was covered by Cl.(g) of the Scheme, which provided for pension to freedom fighters who suffered imprisonment in movements for merger of erstwhile Princely States within the Indian Union after Aug. 15, 1947, till the date of accession of the State with the Indian Union. The court found that the petitioner was detained for about 3 and a half months and was entitled to pension under the Scheme.
Issues: Whether the petitioner was entitled to pension under the Freedom Fighters Pension Scheme, 1972, for his detention for participating in the Praja Mandal Movement.
Ratio Decidendi: The court held that the requirement of minimum period of imprisonment for six months was neither expressly nor impliedly provided for under Cl.(g) of the Scheme. A freedom fighter who was detained on account of his participation in the Praja Mandal Movement would be entitled to the benefit of pension under the said clause irrespective of the term of detention.
Final Decision: The court directed the first respondent to pay pension to the petitioner in accordance with the Scheme from the date he became eligible, which could not be later than the date of his initial application for pension, Feb. 15, 1977. The arrears of pension were to be determined and paid within three months, and the monthly pension from Oct. 1, 1984, was to be paid as and when it accrued due.
P.D. DESAI, C.J. :- The petitioner was a subject of the former Princely State of Mandi which merged with the Union of India after independence and became a part of Himachal Pradesh on May 1, 1948. According to the petitioner, he was an active participant in the Praja Mandal Movement which aimed at securing the merger of the said Princely State with the Union of India after the country attained independence on Aug. 15, 1947 and he was therefore, ordered to be detained for a period of six months under S.4 of the Mandi State Public Safety Ordinance under the orders of the Home Minister of Mandi State. Consequently, the petitioner was detained on 8th of Asoj, 2004 (BK) corresponding to Sept. 24, 1947 and was released on 23rd Pausa, 2004 (BK) corresponding to Jan. 7, 1948. On the basis of the above mentioned facts, the petitioner claims that he is entitled to the benefit of grant of pension under the Freedom Fighters Pension Scheme, 1972, (hereinafter referred to as"the Scheme"), as amended from time to time, which came into force on and with effect from Aug. 15, 1972.
2. The precise case of the petitioner is that his case is covered by Cl.(g) of the Scheme which provides for pension being paid to the"Freedom Fighters who suffered imprisonment in movements for merger of erstwhile Princely States within the Indian Union after the 15th Aug. 1947, till the date of accession of the State with the Indian Union". According to the petitioner, since the Princely State of Mandi merged with the Union of India on May 1, 1948, and he was detained for a period of about three and half months from Sept. 24, 1947 to Jan. 7, 1948, for having participated in the movement for the merger of the said State, he is entitled to pension under the aforesaid clause of the Scheme. The petitioner accordingly claims to have made an application to the competent authority on or about Feb. 15, 1977, but since no decision is stated to have been taken thereon, the petitioner made another application on April 13, 1981, and in due course submitted the necessary documents. However, the application was rejected on March 26, 1983, on the ground that his detention was for less than six months. The petitioner has, therefore, prayed that the respondent (s) be directed to grant to him the pension due under the Scheme.
3. On behalf of the first respondent an affidavit-in-reply dt. Aug.27, 1984, has been filed by the Under Secretary to the Government of India, Ministry of Home Affairs, (Freedom Fighters Division) reiterating the same stand which was adopted while rejecting the claim for pension advanced by the petitioner. Along with the affidavit-in-reply, the deponent has produced a copy of a communication dt. April 28, 1984, sent by the Deputy Secretary to the Government of India to the Chief Secretaries of all State Governments/Union Territories purporting to clarify the provisions contained in Cl. (g) of the Scheme. The following extract from the said communication being relevant is quoted verbatim:
" xx xx xx xx
2. The underlying intention behind incorporation of the above clause into the eligibility criteria was that those who had taken part in the Movements for merger of the former Princely States in the Union of India will also be considered for the grant of Pension under the Scheme in case they had suffered the minimum imprisonment of six months.
3. In order to avoid any misunderstanding or misreading the provision, it is clarified that no relaxation has been given in the matter of minimum requirement in the duration of jail/underground suffering for eligibility to pension in respect of those persons who had suffered in connection with the merger of Princely States in the Union of India and all such persons will be considered for pension under the 1972 Scheme (or the liberalised Scheme of 1980) only if they fulfil the condition of 6 months jail suffering as required for other categories of freedom fighters as mentioned against the Cl.(a) of the Freedom Fighters, P
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
