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Freedom fighter to get dues 11 years after death

He had applied for a freedom fighter’s pension but it was not considered by the state after which he continued to make representations for the same and unfortunately, he died on 2 May 2010 after a long battle.

Freedom fighter to get dues 11 years after death

Photo: Representational image

In what seems to be a plot of a Bollywood drama, a freedom fighter who had served in Dogra Regiment during World War-II, will get dues 11 years after his death after the Himachal Pradesh High Court dismissed an appeal of the Centre government of not granting him a pension.

The freedom fighter Dhani Ram had served in the Dogra Regiment as a Sepoy till 1946 and had participated in World War II by joining the Indian Army from 1939 to 1945.

He was awarded the Pacific Star, the Defence Medal and the War Medal for his services.

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Dhani Ram along with other freedom fighters including Laskhari Ram, a Lance Naik during the period was declared as freedom fighters and in 1973, the state government had issued a letter to award Tamrapatras to the freedom fighters in Bilaspur, Mandi, Hamirpur and Kullu districts.

Dhani Ram was awarded Tamrapatra on 15 August 1973 and his status as a freedom fighter was acknowledged by the then Deputy Commissioner Bilaspur after which he was issued an identity card.

He had applied for a freedom fighter’s pension but it was not considered by the state after which he continued to make representations for the same and unfortunately, he died on 2 May 2010 after a long battle.

After his death, his wife Brahmi Devi had been pursuing his claim and since the claim was not acceded to, a writ petition was filed by her.

And on 18 August 2021, a division bench comprising acting Chief Justice Ravi Malimath and Justice Jyotsna Rewa Dua passed an order to grant his widow pension.

The orders were in an appeal filed by the Union government challenging the order passed in a writ petition by the single judge.

Brahmi Devi had sought directions to the Centre and state government to grant freedom fighter’s pension to her, being the widow of late Dhani Ram.

Earlier on 29 September, a single bench had allowed the petition and had observed that it was proved on record that Dhani Ram was a freedom fighter and therefore, was entitled to grant of freedom fighter pension from 4 April 1974.

The single bench had directed that the pension shall be released within eight weeks, failing which the respondents shall be liable to pay 9 per cent interest on the pension.

The Centre government filed the appeal against the orders which were disposed of by the division bench of the High Court which observed that there was sufficient material on record, which is not disputed by the appellants, that his name figured in the list of Tamrapatra.

His name was figured with another Tamraptra awardee and freedom fighter Lakshari Ram, a Lance Naik who had also served in the period and was awarded a pension.

The court observed that if one person is granted the benefit, the other must be granted the same benefit, therefore, the learned single judge was justified in granting a pension to him from 4 April 1974.

The court also ruled that when the facts of the case are not in dispute and when it is admitted that the writ petitioner is a freedom fighter, necessarily he will be entitled to the said benefit and the state cannot deny the benefit to him.

The court has directed the Central government to file a compliance report by 23 August.

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