Duli Chand and ors. Vs. Union of India (Uoi) and ors.

Duli Chand and ors. vs Union of India (Uoi) and ors.

Type Court Judgment Court Supreme Court of India Decided Jul 16, 1990

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Citation: sooperkanoon.com/662378
Court: Supreme Court of India
Judge: Ranganath Misra and; Kuldip Singh, JJ.
Decided On: Jul 16, 1990
Case Number: Writ Petition (Civil) No. 1190 of 1989
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

- [Ranganath Misra and; Kuldip Singh, JJ.] - Freedom Fighters — Pension — Proof of — Relevant documents produced by petitioners remaining unchallenged — Hence claim admissible and grant of pension ordered retrospectively — Where no documentary evidence produced claim unsustainable -- T...

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Duli Chand and ors.

Respondent

Union of India (Uoi) and ors.

Legal References

Reported In: 1990Supp(1)SCC762

Excerpt

- [ranganath misra and; kuldip singh, jj.] - freedom fighters - pension - proof of - relevant documents produced by petitioners remaining unchallenged - hence claim admissible and grant of pension ordered retrospectively - where no documentary evidence produced claim unsustainable -- the matter was adjourned to enable counsel for the petitioners to provide some acceptable material in support of the claim of each of the petitioners. with the rejection of the claim of 13 petitioners and with the claim of petitioner 20 having been granted by government, there remain the claims of 41 petitioners. mr mahabir singh states that claim of each of these 41 petitioners is supported by relevant documents which he has produced. while granting pension from that date the appropriate authority shall ensure that pension at varying rates from time to time is paid to the respective petitioners within three months from today......chhota ram, (22) madhav singh, (34) saroop singh, (35) mangat ram, (36) smt. rup kaur, (37) moji ram, (38) risala, (43) lajpat rai and (52) smt. phoolwati devi. in view of this statement of shri mahabir singh that for these 13 petitioners no documentary evidence is available, their claim is rejected.4. with the rejection of the claim of 13 petitioners and with the claim of petitioner 20 having been granted by government, there remain the claims of 41 petitioners. mr mahabir singh states that claim of each of these 41 petitioners is supported by relevant documents which he has produced. this assertion is not denied. in view of the same and on account of the statement made on behalf of the union of india on the earlier occasion to the effect that in documents being produced in support of the claim, there would be no objection to grant of pension and in view of the fact that no counter has been filed challenging the specific claims, we direct that these 41 petitioners shall be paid freedom fighters' pensions at least from august 1, 1980, the date from which petitioner 20 has been ordered to receive the same. while granting pension from that date the appropriate authority shall ensure that pension at varying rates from time to time is paid to the respective petitioners within three months from today. the writ petition is disposed of accordingly. no costs.

Full Judgment

Ranganath Misra and; Kuldip Singh, JJ.

1. Heard learned counsel for the parties. This is a petition on behalf of 55 petitioners for being admitted to the benefits of the Freedom Fighters' Pension Scheme on the plea that each of them under the provisions of the scheme has become entitled to such pension. The matter was adjourned to enable counsel for the petitioners to provide some acceptable material in support of the claim of each of the petitioners.

2. Mr Mahabir Singh appearing in support of the petition states that by an order dated July 5, 1990 the government have accepted the claim of petitioner 20 Smt. Khazani Devi and have indicated in the order that she should be entitled to pension at the prevailing rates retrospectively from August 1, 1980.

3. Mr Mahabir Singh has also stated that in spite of all his efforts he has not been able to get supporting material in respect of petitioners - (6) Dagraj Rathor, (16) Ram Sarup, (17) Baldev Singh Arya, (18) Daya Ram, (21) Chhota Ram, (22) Madhav Singh, (34) Saroop Singh, (35) Mangat Ram, (36) Smt. Rup Kaur, (37) Moji Ram, (38) Risala, (43) Lajpat Rai and (52) Smt. Phoolwati Devi. In view of this statement of Shri Mahabir Singh that for these 13 petitioners no documentary evidence is available, their claim is rejected.

4. With the rejection of the claim of 13 petitioners and with the claim of petitioner 20 having been granted by government, there remain the claims of 41 petitioners. Mr Mahabir Singh states that claim of each of these 41 petitioners is supported by relevant documents which he has produced. This assertion is not denied. In view of the same and on account of the statement made on behalf of the Union of India on the earlier occasion to the effect that in documents being produced in support of the claim, there would be no objection to grant of pension and in view of the fact that no counter has been filed challenging the specific claims, we direct that these 41 petitioners shall be paid Freedom Fighters' Pensions at least from August 1, 1980, the date from which petitioner 20 has been ordered to receive the same. While granting pension from that date the appropriate authority shall ensure that pension at varying rates from time to time is paid to the respective petitioners within three months from today. The writ petition is disposed of accordingly. No costs.

Same Court & Year Supreme Court of India · 1990 Same Parties Duli Chand and ors. vs Union of India (Uoi) and ors. Same Subject Civil Same Judge Ranganath Misra and; Kuldip Singh, JJ.

Civil