(Arising out of Special Leave Petition (CIVIL) No.4395 of 2006)
Markandey Katju, J.
- Leave granted.
This appeal has been filed
against the judgment of the Himachal Pradesh High Court dated 5.1.2005
in Writ Petition No.143 of 2004.
Heard learned counsels for the
parties and perused the record. The short question in this case is
whether the Freedom Fighters' Pension should be granted to the
respondent from the date of the application or the date of the order
granting the pension.
It has been held by this Court in
Government of India vs. K.V. Swaminathan (1997) 10 SCC 190 that where
the claim is allowed on the basis of benefit of doubt, the pension
should be granted not from the date of the application but from the date
of the order.
In the present case, we have perused
the record and found that it is stated therein that the claim was
allowed on the basis of secondary nature of evidence. In other words,
the claim was not allowed on the basis of jail certificate produced by
the claimant but on the basis of oral statement of some other detenue
Hence, we are of the opinion that the pension should be granted from the
date of the order and not from the date of the application.
Learned counsel for respondent has
relied on the judgment of this Court in Mukand Lal Bhandari Vs. Union of
India & Ors. AIR 1993 SC 2127
In our opinion that decision is
distinguishable as it has been stated therein that the pension cannot be
granted from any date prior to the application. In our opinion this does
not mean that it cannot be granted from a date subsequent to the
For the reasons given above this
appeal is allowed. The impugned judgment is set aside and it is directed
that the pension will be granted only from the date of the order for
granting pension and not from the date of the application.
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