Most. Durga Devi v. The Union Of India/Bharat Sarkar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8751 of 2019 ====================================================== Most. Durga, Devi Wife of late Nilkanth Mishra, Resident of Village- Faga, Faga (Bounsi), District Banka. ... ... Petitioner/s

Versus

1.

The Union of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya.

2.

The Department of Home Ministry of Freedom Fighter Division, Delhi. 3.

The State of Bihar through its Principal Secretary, Department of Home, Govt. of Bihar, Patna.

4.

The Deputy Secretary to the Govt. Home(Special) Government of Bihar, Patna.

5.

The Department of Freedom Fighter and Rehabilitation Division Ministry of Home Affairs.

6.

The District Magistrate, Banka.

7.

The Accountant General, Bihar, Patna.

8.

The Branch Manager, UCO Bank, Banka District. 9.

The Treasury Officer, Banka, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anupa Nand Jha For the Respondent/s :

Mr.(GA-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and the respondents.

2. The instant writ application has been filed by the petitioner for a direction to the respondents to start family pension.

3. Learned counsel for the petitioner submits that the husband of the petitioner was a freedom fighter and in terms of the scheme of Swatantrata Sainani Samman Pension, the widow of freedom fighter is entitled to family pension. He submits that

Patna High Court CWJC No.8751 of 2019(2) dt.23-04-2019 2/2 upto 2016 pension was available to the petitioner but without assigning any reason and without opportunity of hearing, family pension of the petitioner was abruptly stopped. Learned counsel submits that the petitioner has represented the concerned authorities. He has drawn the attention of this Court to Annexure-4, the letter of the Joint Secretary, Finance Department, Government of Bihar addressed to the Treasury Officer, Banka and Branch Manager, UCO Bank, Baunsi, Banka. The letter indicates that the matter is pending at the level of the Treasury Office and the Bank.

4. Considering the aforesaid, the Treasury Officer, Banka as well as the Branch Manager, UCO Bank, Baunsi, Banka is hereby directed to take appropriate decision in the matter to start family pension of the petitioner at the earliest preferably within a period of sixty days from the date of receipt/production of a copy of this order.

5. Any dilly dally in the matter of taking decision shall be viewed seriously.

6. With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U