Indra Kumar Yadav v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3706 of 2014 ====================================================== Indra Kumar Yadav Son Of Late Krishna Kumar Yadav Resident Of Village- Hanumannagar, Police Station- Bahera, District- Darbhanga .... .... Petitioner/s

Versus

1. The Union Of India Through Deputy Secretary, Ministry Of Home, Govt. Of India New Delhi

2. Deputy Secretary, Ministry Of Home, Government Of India, New Delhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baidya Nath Thakur For the Respondent/s : Mr. S.D. Sanjay, A.S.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-02-2016 Heard Sri Baidyanath Thakur, learned counsel for the petitioner and Sri S.D. Sanjay, learned Additional Solicitor General.

In the present writ petition a peculiar prayer has been made by the petitioner to direct the respondents to pay arrears of Swatantrata Sainik Samman Pension for which the father of the petitioner was entitled, who admittedly died on 5.6.2010 which has been stated in the writ petition. A plea has been taken that recommendation was made in the year 1989 for grant of pension under the scheme of 1980 to the father of the petitioner, but it was never approved by the Government of India and during the pendency of the recommendation the father of the petitioner in

Patna High Court CWJC No.3706 of 2014 (2) dt.09-02-2016 2/2 whose favour recommendation was made died.

Keeping in view the fact that it was only a recommendation, there was no approval by the competent authority and that too person in whose favour recommendation was made died long back in the year 2010, obviously the writ petition which was filed in the year 2014 by the son of the recommended person may not be entertained.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U