Patna High CourtCWJC/13886/2014disposed

Bhola Gosain v. The Union Of India And ORS

2015-11-23Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13886 of 2014 ====================================================== Bhola Gosain S/o Late Moti Goasain Resident of Village and P.O. Babu Barahi, P.S.- Babu Barahi, District- Madhubani. .... .... Petitioner

Versus

1. The Union of India through the Secretary to the Government of India Ministry of Home Affairs, North Block New Delhi.

2. Joint Secretary to the Govt. of India, Ministry of Home Affairs (Freedom Fighter Section) Lok Nayak Bhawan Khan Market, New Delhi.

3. The State of Bihar through the Joint Secretary-cum-Director Home (Special) Govt. of Bihar, Old Secretariat, Patna.

4. Deputy Secretary Home (special) Govt. of Bihar, Patna. Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kumar Thakur, Advocate For the Respondent/s : Mr.V.K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 23-11-2015 The petitioner is aggrieved with the date of grant of freedom fighter pension which is 4.10.2012, whereas he should have been given the pension with effect from 1.1.1980. The petitioner has annexed different documents contained in Annexure 1 in support of his submission that the State Government had made recommendation in the year 1985 and as such he would be entitled to pension from 1980 and in all probability from 18.4.1985.

The stand of the Union Government in its counter affidavit is that it received the recommendation from the State Government for the first time on 4.10.2012 and the petitioner was granted freedom fighter pension from the said date after

Patna High Court CWJC No.13886 of 2014 (5) dt.23-11-2015 examination of his case.

Having regard to the facts and circumstances of the case, if the petitioner files a fresh representation before the respondents- Union of India, it would re-consider his case in accordance with law, and dispose of the matter preferably within a period of three months thereof.

(Samarendra Pratap Singh, J) Shashi./- U