Punjab-Haryana High Court
Union Of India & Ors vs Santokh Singh & Anr on 6 January, 2015
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Letters Patent Appeal No. 2089 of 2014
Date of Decision: 06.01.2015
Union of India and others ..Appellants
versus
Santokh Singh and another ..Respondents
CORAM: HON'BLE MR. JUSTICE S.J.VAZIFDAR, ACTING CHIEF JUSTICE.
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.
Present : Mr. Darshan Singh Bishnoi, Advocate, for the appellant.
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S.J.VAZIFDAR A.C.J. (Oral)
CM No. 4390 of 2014 Notice.
Mr. A.K.Walia, Advocate accepts notice on behalf of the respondent-caveator. Caveat is discharged.
Heard. For the reasons mentioned in the application, delay of 104 days in filing the appeal is condoned. Application stands disposed of. LPA No.2089 of 2014
This is an appeal against the order of the learned Single Judge dated 17.07.2014 allowing respondent No.1's claim for pension as a freedom fighter under the Freedom Fighter Pension Scheme, 1972 as modified and renamed as "Swantantarata Sainik Saman" Pension Scheme-1980 for the grant of Freedom Fighter pension to the Freedom Fighters who had undergone imprisonment during the freedom movement.
2. The learned Single Judge has dealt with the case in considerable detail.
RAVINDER SHARMA 2015.01.07 14:03 I attest to the accuracy and authenticity of this document LPA No.2089 of 2014 [2]
3. The respondent No.1-original petitioner relied upon the certificates of co-prisoners which is now permissible. As noted by the learned Single Judge the appellant did not contend that the certificates constitute mis-representation of the facts. The respondent's claim was rejected only on the ground that the co-prisoners had issued certificates to several other persons as well. It is also important to note that the State Government had verified the respondent's claim and has been paying him pension under the same scheme since the year 1993.
4. In this view of the matter, we see no reason to interfere with the findings of the learned Single Judge in appeal.
Dismissed.
(S.J.VAZIFDAR) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 06.01.2015 'ravinder' RAVINDER SHARMA 2015.01.07 14:03 I attest to the accuracy and authenticity of this document