The State Of Madhya Pradesh Vs Makhan Lal Chourasiya

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 215 of 2015, Judgment Date: Jun 26, 2015

WA-215-2015
(THE STATE OF MADHYA PRADESH Vs MAKHAN LAL CHOURASIYA)
26-06-2015
Mr. Pushpendra Yadav, learned Government Advocate for the
appellants.
Heard on I.A. No.4524/2015, an application for condoning the
delay in filing this appeal under Section 2 (1) of Madhya Pradesh
Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam, 2005.
Keeping in view the reasons indicated in the application, the same
is allowed. Delay in filing this appeal is condoned.
Mr. Pushpendra Yadav, learned Government Advocate also heard
on the question of interim relief.
Respondents No.1 to 5, who are legal representatives of
petitioner/freedom fighter Late Rajaram Chourasiya, who was 82
years old person, claimed that during freedom moment, he was
arrested on 19.08.1942 and kept in Central Jail till 19.04.1943
and certificates in this regard was issued by the jail authorities.
Based on all these facts and acknowledging the participation of
Late Rajaram Chourasiya in the freedom moment, pension was
granted to him by the President of India with effect from
15.08.1972. Subsequently, when the same was withdrawn, the
matter came to this Court at the instance of Late Rajaram
Chourasiya and after various orders passed, remanding the
matter for reconsideration, finally when the claim for pension was
rejected and stopped with effect from 23.06.1988, the matter was
considered by the writ Court in W.P. No.616/2004 and by the
impugned order, learned writ Court has discussed the provisions
of circular for grant of freedom fighter's pension and various
other aspects of the matter and has found that the withdrawal of
pension already granted was not proper.
It was found by the writ Court that the only reason given for
withdrawing the benefit for grant of pension to the respondent
was that he was released from the prison, when he tendered
apology and submitted a bond. Learned writ Court found that
apart from the fact that action was taken in accordance to the
circular dated 6th of June, 1974, which cannot have retrospective
effect and which cannot affect for grant of benefit to the freedom
fighter's pension from 1972. It was also found that the fact of the
petitioner having been released on tendering apology and a bond
has not been established and it is not proved that these facts are
correct. Therefore, applying the principle of law laid down by the
Supreme Court in the case of Gurdial Singh Vs. Union of India
and Others, (2001) 8 SCC 8, the learned writ Court exercised its
discretionary jurisdiction and has restored the pension.
We have gone through the reasons indicated by the writ Court
and we see no error in the same warranting reconsideration.
Keeping in view the aforesaid, we find no ground to interfere in
the matter. The appeal is therefore dismissed. As the petitioner
has expired, the benefit as may be permissible under law be
granted to the legal representatives by virtue of the order passed
by the writ Court in accordance with the rules.
Appeal is accordingly dismissed.
(RAJENDRA MENON)
JUDGE                                             (VANDANA KASREKAR)
                                                              JUDGE