Shyam Nandan Prasad @ Shyam Nandan vs Union of India (UOI) and Others

Radha Mohan Prasad, J.—The present writ petition application is directed against the order of the Central Government, contained in annexure 1 whereby and whereunder the claim of the petitioner for grant of freedom fighter''s pension has been rejected on the sole ground that G.R. No. 1247/48 produced by him does not contain his name. It appear that the name of one Shyam Nandan Singh finds place in the said G.R. The petitioner in support of his claim also produced the certificate granted by the co-prisoner, which is contained in Annexure-5 series.

It is true that there is some discrepancy in the title of the petitioner in the G.R. but considering the certificates of the co-prisoner produced by the petitioner as well as me report of the Additional Collector, contained in Annexure-7, in my opinion, the respondents ought to have considered the certificates produced by the petitioner aforementioned.

Accordingly, having heard the learned Counsel for the petitioner and the learned Addl. Standing Counsel for Central Government Mr. Jainandan Singh and considering the aforementioned facts and circumstances, the petition is allowed and the order contained in Annexure-1 is quashed. The matter is remanded back to the respondents Nos. 1 to 3 for fresh consideration of the case of the petitioner for grant of freedom fighter''s pension, which shall be decided within four weeks from the date of receipt/production of a copy of this order.