Hon'ble Narendra Kumar Johari,J.
Heard.
Feeling aggrieved by the order dated 31.12.2018 passed by the District Magistrate, Gonda contained in Annexure-1 to the writ petition whereby the representation of the petitioner for awarding Loktantra Senani Samman has been rejected on the ground that the petitioner is not the permanent resident of District Gonda.
It has been submitted that the petitioner was detained from 25.12.1975 to 24.02.1976 in District jail, Gorakhpur in connection with case crime no. 1186 of 1975 under Section 33(3)/36/43 Defence of India Rules. In this connection, the State Government had issued a certificate in favour of the petitioner and an identity card was also issued by the District Magistrate, Gorakhpur declaring the petitioner as ''Loktantra Rakshak Senani'.
The petitioner was settled in district Gorakhpur from where he was declared as Fighter for democracy. Later on, the petitioner developed certain disability and as such he decided and settled permanently at Tikari Bazar, District- Gonda. On account of settling at district Gonda, the petitioner moved an application to the concerned authority for transfer of his pension, which was ultimately forwarded by the District Magistrate, Gorakhpur vide letter dated 26th December, 2016 to the District Magistrate, Gonda for taking necessary action under the provisions of "Uttar Pradesh Fighters of Democracy Honour Act, 2016.
Feeling aggrieved by the inaction on the part of the District Magistrate, Gonda, the petitioner preferred a writ petition no. 29418 (MB) of 2018 before this Court, which was disposed of vide judgment and order dated 16.11.2018 with the direction to the District Magistrate, Gonda to take a decision in the matter in the light of the relevant rules or scheme.
Now, by the impugned order dated 31.12.2018, the representation of the petitioner has been rejected on the ground that the petitioner is ineligible as he is not the permanent resident of district Gonda.
It has been contended by the learned Counsel for the petitioner that the opposite party no.2 without considering the provisions of the Uttar Pradesh Fighters of Democracy Honour Act, 2016 and the fact that the Aadhar Card bears the permanent address as village Bahadura, Post Raghuraj Nagar Tehsil-Tarabganj, District Gonda, the District Magistrate has passed the impugned order. The District Magistrate also overlooked the fact that the petitioner is having a saving bank account in Allahabad Bank, Tikari Bazar Branch, District Gonda and his case has duly been forwarded by the District Magistrate, Gorakhpur.
In contrast, learned Standing Counsel has submitted in view of the provisions of Section 4(3)(4) of the Act, there is no provision for transfer of Samman Rashi from one district to another district. It has also been stated that the petitioner does not fulfill the eligibility criteria of being a permanent resident of district Gonda as per provisions of Section 4(3)(1) read with Section 4(1) and Section 4(2) of the Act. Therefore, the impugned order is perfectly justified and the writ petition is liable to be dismissed.
Before proceeding further, it would be apt to refer the object with which the Uttar Pradesh Fighters of Democracy Honour Act, 2016 was enacted and certain relevant provisions.
In pursuance to the provisions of clause (3) of Article 348 of the Constitution of India, the Government of Uttar Pradesh had enacted "The Uttar Pradesh Fighters of Democracy Honour Act, 2016" with an object to provide for Honour money, free transport facility and free medical facility to fighters of democracy, who actively fought to protect the democracy during emergency period (25.06.1975 to 21.03.1977) and who were detained in jail under MISA/ DIR for participating in such activities and for matters connected therewith or incidental thereto.
Section 2 is the definition clause and Section 2(a) defines ''Fighter of Democracy' as such permanent residents of Uttar Pradesh, who actively fought to protect the democracy during emergency period i.e. from 25.06.1975 to 21.03.1977 and who were detained at any time during this period, on political grounds in jail under MISA/ DIR for participating in such activities.
Section 4 (3)(i) of the Act says that a fighter of democracy must be a resident of Uttar Pradesh and reads as under:-
3(i) A fighter of democracy must be a resident of Uttar Pradesh and was detained under MISA/ DIR in any jail of the country. He shall have to annex the certificate as such, which shall be verified by the District Magistrate concerned at his level;
Section 4 (3) (iv) prohibits making of application for availing honour money from more than one districts and says as under:
(iv) In such cases where any applicant is applying for availing Honour money and other facilities from more than on district, the District Magistrate shall take an affidavit from the applicant that he has applied from only one district and the District Magistrate shall confirm it from the other District Magistrate.
Section 4(7) deals with the opening of the account where he/she is residing (7) The person receiving the Honour money shall have to open a single operated saving account in such branch of any bank where he/ she resides and shall have to intimate it to the District Magistrate.
Section 5 deals with the eventualities when the honour money sanctioned to a person may be cancelled and it reads as under:-
"5. The Honour money sanctioned to a person under this Act may be cancelled on the following grounds or any other ground at any time without giving any reasos or notice:-
(I) Participation in any crime of moral turpitude and in anti national activity;
(ii) punishment in any crime other than political punishment;
(iii) received the Honour money despite any ineligibility under sub-sections (1) and (2) of section 3;
(iv) submission of false information and false affidavit.
Having examined the material on record and the provisions reproduced herein-above, we are of the view that the impugned order has been passed by the District Magistrate on the wrong premise and erred in not taking into consideration the relevant documents i.e Aadhar card, domicile certificate dated 8.4.2016 issued by the Sub Divisional Magistrate, Tarabganj, Gonda and the residence certificate issued by the Pradhan, Gram Panchayat Bahaduri, Block Nawabganj, District Gonda. It may be pointed out that even the Form which is to submitted by a pensioner receiving honour money there is a column only whether the applicant is a domicile of Uttar Pradesh or not. Nowhere, it requires that the pension/Fighter for democracy shall be the resident of particular district and it has been clarified in the Act itself that a Fighter for Democracy is entitled to receive pension only from one district. The petitioner has also fulfilled the requirement of a saving bank account as required by the provision of Section 4(7) of the Act, as in paragraph 15 of the writ petition it has been stated that he has opened an account in Allahabad Bank and has also brought on record the pass book issued by the Bank. It is not the case of the respondents that all these documents are fictitious. It may be pointed out here that from the record it emanates that the petitioner was declared as Fighter for Democracy by the District Magistrate Gorakhpur on 4.3.2007.
It may be noted that the requirement under Section 4(3)(i) is that a fighter of democracy must be a resident of Uttar Pradesh, which is not dispute in this case. It is also not the case of the respondents that the petitioner was availing Honour money and other facilities from more than one district.
Moreover, a perusal of the letter dated 26.12.2016 written by the District Magistrate, Gorakhpur to the District Magistrate, Gonda would show that on account of the personal reasons shown by the petitioner, the order dated 18.12.2016 relating to grant of pension has been canceled and all the related documents were sent to the District Magistrate for necessary action to the District Magistrate, Gonda.
For the reasons aforesaid, the writ petition is allowed the impugned order dated 31.12.2018 passed by the District Magistrate, Gonda is hereby quashed and the District Magistrate, Gonda is directed to pass necessary orders for continuance and payment of Honour Money pension to the petitioner after verification of the documents, if need be. The said order shall be passed within a period of one month from the date of production of certified copy of the order as the petitioner, who is an old man is running from one place to another since last three years for his legitimate rights.
Order Date :-29.4.2019 MH/-