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1997 Supreme(P&H) 202

B.RAI
Sona Devi – Appellant
Versus
State Of Haryana – Respondent


Judgment

B.Rai, J.

1. This petition under Articles 226/227 of the Constitution of India has been filed by Smt. Sona Devi widow of Late Shri Sudhan Singh for issuance of a writ of mandamus directing the respondents to grant Samman Pension to her.

2. Facts:

Husband of petitioner Late Shri Sudhan Singh son of Joth Ram joined Arya Samaj Movement in Late 1930 within erstwhile Nizam State of Hyderabad. He was convicted under different provisions of criminal law prevailing within the Nizam State and was sentenced to more than two years imprisonment. While undergoing the sentence the general amnesty was granted by the then Nizam on his birth anniversary and the sentence was reduced. As a result, Sudhan Singh was set free along with other participants of the Arya Samaj Movement. Jail Certificate is Annexure P.1. The Arya Samaj Movement has been accepted a part of freedom struggle. On 25th anniversary of Independence, Government of India introduced Freedom Fighter Pension Scheme, 1972 which has been re-named as Swatantarta Senani Samman Pension Scheme, 1980. The Arya Samaj Movement has been equated with the freedom struggle and the benefits of the abovesaid Pension Scheme are also admissible














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