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Patna High CourtCWJC/1680/2015disposed

Sri Ram Chaudhary v. The Union Of India And ORS

2016-08-12Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1680 of 2015 ====================================================== Sri Ram Chaudhary, son of late Ramlakhan Chaudhary, Resident of villageGadhiya, P.O.- Binduar, P.S.- Pandaul, District- Madhubani. .... .... Petitioner/s

Versus

1. The Union of India through its Secretary, Home Affairs.

2. The Secretary, Ministry of Home Affairs, Union of India, New Delhi.

3. The Director, Ministry of Home Affairs, Union of India, New Delhi.

4. The Chief Secretary, Government of Bihar, New Secretariat, Patna-1.

5. The State of Bihar, Home Department, Old Secretariat Patna. ... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh For the Union of India : Mr. Manoj Kumar Singh, CGC For the State : Mr. K.P. Yadav, GP-11 Mr. Santosh Chandra Bhaskar, AC to GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 12-08-2016 Heard the parties.

The petitioner claiming to be the son of a freedom fighter prays for payment of family pension.

Mr. K.P. Yadav, learned G.P.-11 for the State and Mr. Manoj Kumar Singh, learned Central Government Counsel appearing for the Union of India submits that the scheme for payment of Freedom Fighter pension does not envisage payment of family pension to an adult son although it is extendable to an unmarried daughter. It is further submitted that the death of the mother of the petitioner took place in 1995 and it took him 12 years to raise the grievance in the year 2007 and another 18 years to file the writ petition and thus the writ petition is also not

Patna High Court CWJC No.1680 of 2015 (2) dt.12-08-2016 maintainable on grounds of excessive laches and delay. Having heard learned counsel for the parties and considering the submissions advanced by learned counsel for the State and Union of India, no cause for indulgence is made out to the grievance raised and the writ petition is accordingly disposed of.

(Jyoti Saran, J) deepika/- U