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1986 Supreme(Ori) 91

R.C.PATNAIK, D.P.MOHAPATRA
PANU CHARAN – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
M.M.DAS, M.N.DASGUPTA, N.N.MISHRA, R.K.MOHAPATRA, R.K.Patra

D. P. MOHAPATRA, J.

( 1 ) THE petitioners in these writ applications seek to quash the orders passed by the Government of India in the Ministry of Home Affairs, New Delhi suspending the payment of pension to the petitioners under 'freedom Fighters Pension Scheme, 1972' and subsequently cancelling payment of pension.

( 2 ) THE relevant facts in both the cases are similar. Both the cases were heard together with the consent of the learned counsel for the parties. Accordingly, both the writ applications are disposed of by this common judgement.

( 3 ) SHORN of unnecessary details, the case set out in the writ applications is that the Government of India made a scheme known as 'freedom Fighters' Pension Scheme, 1972' commencing from 15th August, 1972 to provide for grant of pension to the living freedom fighters, their families, if they are no more alive and to the families of martyrs. For the purposes of the scheme, a freedom fighter was defined as "a person who has suffered a minimum imprisonment of six months in the mainland jails before independence. However, Ex-INA and Ex-Military personnel will be eligible for pension if the imprisonment/detention suffered by them was outside I





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