IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 12327 of 2007 Date of Decision: March 24, 2008 Gian Singh ...........Petitioner Versus Union of India and Ors. ..........Respondents Coram: Hon'ble Mr.Justice Surya Kant Hon'ble Mrs. Justice Sabina Present: Mr.Sandeep Chopra, Advocate for the petitioners. Ms. Charu Tuli,Sr.DAG Punjab * * * Surya Kant, J. In this civil writ petition, the petitioner seeks a direction to the respondents to grant him Swatantra Sainik Samman Pension with effect from 15.1.1994 along with interest. The aforementioned claim of the petitioner is founded upon the contention that prior to the independence of our nation, the petitionr was a member of the Congress party and had participated in the freedom struggle. He is alleged to have remained underground from 1942 to 1943. Notice of motion was issued and in response thereto, Union of India i.e. respondent Nos. 1 and 2 have filed their written statements. Similarly, the State of Punjab i.e. respondent Nos. 3 and 4 have also filed their written statements. CWP No. 12327 of 2007 -2- In sum and substance, the respondents have come up with the plea that the petitioner has not been able to provide any information on the basis of which his participation in the freedom movement can be inferred. For that reason, the respondents have expressed their inability to grant the desired pension. After hearing learned counsel for the parties, and going through the material on record, we dispose of this writ petition with liberty to the petitioner to re-submit a fresh application to the Secretary to Government of Punjab, Department of Freedom Fighter Division, Civil Secretariat, Chandigarh along with the relevant material, if any, in support of his claim that he participated in the freedom struggle. The petitioner may submit the application within a period of one month . On the receipt of the application, along with supporting material, if any, from the petitioner, respondent No.3 is directed to hold a fact finding inquiry in order to ascertain the petitioner's claim. The needful shall be done within a period of three months from the date of receipt of application. Needless to say that if the petitioner's assertion is found to be correct, the respondents shall be obligated to further consider his claim for the grant of Swatantarta Sainik Samman Pension with effect from the due date and consequential benefits. ( Surya Kant ) Judge ( Sabina ) Judge March 24, 2008 arya