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2009 Supreme(All) 3258

RITU RAJ AWASTHI, PRADEEP KANT
Chandrawati Gupta @ Sanehlata – Appellant
Versus
Union of India – Respondent


JUDGMENT

Heard the counsel for the petitioner, Dr. Ashok Nigam, learned Senior Advocate, assisted by Sri Raj Kumar Singh for respondents no. 1 and 2, and Sri Anuj Kudesia for respondent no. 3.

2. The petitioner had applied for grant of freedom fighter's pension as his dependant before the Central Government. She is already getting pension as dependant of freedom fighter from the State Government.

3. The claim of the petitioner has been rejected by the Central Government vide order dated 24.7.09, Annexure-1 to the writ petition.

4. Sri Ramesh Pandey appearing for the petitioner vehemently urged that the ground of rejection of the grant of dependant of freedom fighter pension by the Central Government is per se illegal and that the order suffers from manifest error and arbitrariness.

5. It is the case of the petitioner that her husband late Ram Swaroop Gupta participated in freedom struggle, when he was imprisoned/jailed for a period commencing from 15.11.45 to 22.7.46 in district jail Saharanpur and some time at Faizabad.

6. The State Government on the application being moved by the petitioner has made a recommendation on 30.6.09 to the Central Government after observing that in vie


























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