Kaushalya Devi v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5067 of 2020 ====================================================== Kaushalya Devi Wife of Late Bachche Lal Paswan, Resident of VillageAuliyabad, Post and P.S. Hayaghat, Districrt-Darbhanga. ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Department of Home Affairs, New Delhi.
2.
The Secretary, Department of Home Affairs, Government of India, New Delhi.
3.
The Deputy Secretary, Freedom Fighter Division, Ministry of Home Affairs, Government of India, New Delhi.
4.
The State of Bihar through Principal Secretary, Home (Special) Department Bihar, Patna.
5.
The Principal Secretary, Home (Special) department Bihar, Patna. 6.
The Deputy Home (Special) Department Bihar, Patna. 7.
The Director, Freedom Fighter Directorate, Home (Special) Department Bihar, Patna.
8.
The District Magistrate, Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Advocate For the Respondent/s :
Mr.P.K.Verma (Aag3) For the Union of India :
Mr.Naresh Dikshit,Advocate Mr.Utsav Anand,Advocate =================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2022 Though the present writ petition has been filed for directing the respondent-authorities to consider the case of the husband of the petitioner for grant of freedom fighter pension under the Swatantra Sainik Samman Pension Scheme, 1980, however the learned counsel for the respondent -Union of India, has referred to the revised policy guidelines issued by the Ministry of Home Affairs/ Grih Mantralaya, Freedom Fighter
Patna High Court CWJC No.5067 of 2020(2) dt.17-10-2022 2/2 Division, Government of India, dated 06.08.2014, regarding disbursement of Central Samman Pension, more particularly to clause 1.5 thereof, which is reproduced herein below:- "Sanction of pension after the death of Freedom Fighter- No pension shall be sanctioned in the name of the freedom fighter after his/her death even if his/her matter was under examination. This also entails that no life time arrears or dependent pension shall be sanctioned to his/her spouse daughter after the death of the freedom fighter."
In view of the aforesaid, this Court finds that the claim of the husband of the petitioner cannot be entertained at this juncture inasmuch as the claim of the husband of the petitioner for grant of freedom fighter pension had not found favour with the respondent-Union of India during his life time. Accordingly, the present writ petition stands dismissed.
(Mohit Kumar Shah, J) S.Sb/SonalU