Tapeshwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14944 of 2015 ====================================================== Tapeshwar Singh Son of Late Bodhi Singh permanent resident of Village - Kinjar, P.O. Nagla Kinjar, P.S. Arwal, District - Arwal. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Home (Special) Department, Government of Bihar, Patna 2.

The Under Secretary, Home Spl. Department Freedom Figher Cell, Government of Bihar, Patna.

3.

The Union of India through the Secretary Home Department, New Delhi. 4.

The Under Secretary, Ministry of Home Affairs, Freedom Figher Division CZ Section - IInd Floor, NDCC II Building Sansad Marg, New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 For the UOI :

Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate writ(s), thereby directing the Respondent No. 4 to sanction the freedom fighter Samman Pension in favour of the petitioner whose case has been recommended by the Respondent State of Bihar vide letter dated 12.6.2013 to the Respondent Union of India.

(ii). For consequently issuance of appropriate writ(s) thereby commanding and directing the Respondents to pay the petitioner current and arrears of Samman pension with interest and costs."

Patna High Court CWJC No.14944 of 2015(5) dt.21-03-2023 2/3 The only impediment for the Union of India to decide the case of the petitioner for grant of freedom fighter Samman pension was regarding genuineness of Annexure-10 to the writ petition, which is a letter dated 12.6.2013, sent by the Joint Secretary, Government of Bihar to the Additional Secretary, Home Ministry (Freedom Fighter Pension Division), Government of India, containing the recommendation made by the Home (Special) Department, Government of Bihar. As far as verification of the aforesaid Annexure-10 is concerned, a counter affidavit has been filed today by the Respondent-State, wherein a report of the Superintendent, Divisional Jail, Jehanabad, dated 17.3.2017, has been brought on record and it has been submitted that the same has also been forwarded to the Additional Secretary (Freedom Fighter Division), Ministry of Home, Government of India, vide letter dated 20.3.2023, which is Annexure-E to the counter affidavit, filed today.

In such view of the matter, the learned counsel for the Respondent-Union of India submits that the case of the petitioner would be processed taking into account the aforesaid letter dated 20.3.2023 as also other materials produced by the petitioner in support of his claim for grant of Freedom Fighter

Patna High Court CWJC No.14944 of 2015(5) dt.21-03-2023 3/3 Samman Pension and the final decision would definitely be taken within a period of four weeks from today. It is directed accordingly.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U