SURYA KANT, J. (ORAL)
The petitioner seeks quashing of the order dated 20.11.2007 (Annexure P-11) passed by the Union of India, whereby his claim for the grant of Swatantrata Sainik Samman Pension has been declined w.e.f 01.08.1980 i.e the date when it was initially sanctioned and recovery of the pension already drawn by him, has also been ordered. The petitioner seeks a direction to the respondents to restore the aforementioned pension.
A perusal of the impugned order reveals that the Union of India has turn down the petitioner's claim on the premise that the Government of Punjab was required to verify the petitioner's claim regarding his participation in the Nation's Freedom Movement and only on receipt of “Positive recommendations of the State Government” that the petitioner's claim for the grant of the said pension could be considered. Further, para 6 of the impugned order reads as follows:
“However, if the State Government of Punjab verify and recommend his case (as per para 3 above), the same will be reviewed by this Ministry in accordance with the provisions of the Swatantrata Sainik Samman Pension Scheme, 1980 and as per rules and under law”.
Notice of motion was issued and in response thereto, respondents No. 1 and 2 as well as respondents No. 3 and 4 have filed their respective affidavits.
The State of Punjab has taken a categoric stand that the petitioner's claim was verified and favourably recommended on 20.11.1987
Having heard learned counsel for the parties and keeping in view the stand taken on behalf of Union of India that positive recommendations are required to be made by the State Government after verification of the claim of a freedom fighter, this writ petition is disposed of with a direction to the Government of Punjab to re-verify the petitioner's claim and send its report/recommendations to the Central Government within a period of three months from the date of receipt of certified copy of this order.
If the State Government recommends in favour of the petitioner, Union of India is directed to reconsider the petitioner's claim for the grant of Swatantrata Sainik Samman Pension within a period of three months from the date of receipt of such recommendations. A fresh decision shall be taken by the Union of India, un-influenced of the observations or the hyper technical objections raised by it in the impugned order.
However, the impugned order to the extent of effecting recovery of pension already drawn by the petitioner, is patently arbitrary in as much as without determining the petitioner's claim on merit, no order of recovery could be passed. The impugned order qua the recovery part is accordingly quashed and it is directed that no recovery shall be made from the petitioner.
Disposed of.
Let a copy of this order be given dasti on payment of usual charges.