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Ram Bahadur Verma v. State Of U.P. Thru' Secy. (Political Pension) & Ors. - WRIT - C No. 52953 of 2002  RD-AH 44 (1 January 2006)
Court No. 37
Civil Misc. Writ Petition No. 52953 of 2002
Ram Bahadur Verma Versus State of U.P. and others.
Hon. R.K. Agrawal, J.
Hon. (Mrs.) Saroj Bala, J.
The petitioner claims himself to be the freedom fighter. He has applied for monthly pension under the "Uttar Pradesh Swatantrata Sangram Senaniyon Aur Unke Parivaron Ko Diye Jane Wale Anudan Tatha Swatantrata Sangram Pension Sambandhi Niyam". The claim of the petitioner has been rejected on the ground that the petitioner does not come under any of the conditions mentioned in clause (a) of Rule 2 of the aforesaid Rules. While holding so the State Government has relied upon the report submitted by the District Magistrate, Allahabad that in the record of the Naini Central Jail, Allahabad relating to the year 1943 the name of the petitioner does not find mention and, therefore, the claim that he has been imposed punishment of 15 canes is not substantiated.
We have heard Sri Vimal Kumar, Advocate, holding brief of Sri Ganga Prasad, learned counsel for the petitioner and learned Standing Counsel who represents the respondent nos. 1 to 4 and have perused the averments made in the writ petition and the documents filed in support thereof.
From the application filed by the petitioner and the documents as also the affidavit filed in support thereof it does not appear that the petitioner was given punishment of 15 canes as neither the details nor sufficient proof has been given. Further it appears that the work of the freedom fighter is also silent in this aspect. However, the petitioner has rested his claim under Rule 12 of the aforesaid Rules which empowers the State Government to grant pension taking into consideration the work done by the freedom fighter even if not covered under the aforesaid Rule 2(k) of the aforesaid Rules. Thus, the averment merits consideration as from the order passed by the State Government dated 21.12.2001 this aspect has not been taken care of.
In this view of the matter, we dispose of the writ petition with a direction to the State Government to consider the case of the petitioner under Rule 12 of the aforesaid Rules expeditiously preferably within a period of two months from the date a certified copy of this order is filed before the respondent no. 1.
The writ petition is disposed of with the aforesaid direction.
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