Asha Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6826 of 2021 ====================================================== Asha Devi wife of Late Shyam sundar Jha resident of Village - Horalpatti, Ward no. 12, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The Union of India through Home Secretary, Government of India, New Delhi.

2.

The Joint Secretary, Freedom Fighters and Rehabilitation Division, Min of Home Affairs, Government of India, New Delhi. 3.

The Deputy Secretary, Freedom Fighters and Rehabilitation Division, Min. of Home Affairs, Government of India, New Delhi. 4.

The State of Bihar Through the Principal Secretary, Home Department, govt. of Bihar, Patna.

5.

The Joint Secretary, Home Department, Govt. of Bihar, Patna. 6.

The Deputy Secretary, Home Department (Special Branch ), Govt. of Bihar, Patna.

7.

The District Magistrate, Bhagalpur.

8.

Superintendent of Police, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purnendu Keshav, Advocate For the Respondent/s :

Mr.Dr. Krishna Nandan Singh (Asg) For U.O.I.

:

Ms. Punam Kumari Singh, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-11-2022 After some arguments, the learned counsel for the petitioner seeks liberty on behalf of he petitioner to withdraw the present petition, not only in view of the guidelines issued by the Ministry of Home Affairs, Freedom Fighter Division, Government of India, annexed with the Circular dated 06th August, 2014, wherein in Clause 1.5 thereof, it has been categorically prescribed that no pension shall be sanctioned in

Patna High Court CWJC No.6826 of 2021(2) dt.14-11-2022 2/2 the name of the freedom fighter after his/ her death even if his/ her matter was under examination and moreover, no life time arrears or dependent pension shall be sanctioned to his/ her spouse/ daughter after the death of the freedom fighter but also in view of the fact that the husband of the petitioner had earlier filed a writ petition for grant of freedom fighter pension, which has stood dismissed by a co-ordinate Bench of this Court vide order dated 19.04.2012, passed in C.W.J.C. no. 7615 of 2012. Liberty so sought, is granted.

Accordingly, the present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) rinkee/- U