Arjun Paswan v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17602 of 2021 ====================================================== Arjun Paswan Son of Late Ramrup Dushad Resident of Village- Mahmudpur, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

1.

The Union of India through the Chief Secretary, Govt. of India, Ministry of Home Affairs, Freedom Fighter and Rehabilitation Division, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi- 110001. 2.

The Senior Accounts Officer, Pay and Account Officer (Pension), Ministry of Home Affairs, 2/10 Jamnagar House, New Delhi- 110011. 3.

The State of Bihar through the Secretary, Home (Special) Department, Government of Bihar, Old Secretariat, Patna.

4.

The Senior Accounts Officer, office of the Principal Accountant General (A and E), Veerchand Patel Path, Patna (Bihar).

5.

The District Magistrate, Jamui (Bihar).

6.

The Chief Manager, C.P.P.C., State Bank of India, 4th Floor, Administrative Building, Judges Court Road, Patna- 800001.

7.

The Branch Manager, State Bank of India, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the U.O.I.

:

Mrs. Kanak Verma, C.G.C.

For the State :

Mr. Shailesh Kumar, G.P-5 Ms. Shalini, AC to GP-5 For the S.B.I Bank :

Mr. Satya Vrat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-02-2023 Heard Mr. Naresh Prasad, learned counsel appearing on behalf of the petitioner, Mrs. Kanak Verma, learned counsel for the Union of India, Mr. Satya Vrat, learned counsel for the S.B.I. Bank and Mr. Shailesh Kumar, learned GP-5 for the State.

2. Learned counsel for the petitioner submitted that he has filed a writ petition for release of dues amount of freedom fighter pension payable to his father, late Ramrup Dusadh and

Patna High Court CWJC No.17602 of 2021(3) dt.04-02-2023 2/3 family pension to his mother, late Mano Devi @ Mina Devi. He further submitted that mother of the petitioner was not given ten months' family pension while she was alive.

3. Learned counsel appearing on behalf of the Union of India informs this Court that all the dues amount has been paid to the petitioner's mother and nothing remains. In counter affidavit, a specific statement has been made that the family pension of the petitioner's mother since June, 2019 to 04.02.2020 has already been paid to the petitioner and the same was deposited in the bank account which is vide Memo No. 1552 dated 27.08.2022 as such the grievance of the petitioner has already been redressed.

4. Considering the rival submission made by the parties as well as the specific statement made in counter affidavit filed on behalf of the respondent no. 5 and the statement made in the counter affidavit filed on behalf of the Union of India, the petitioner's claim for 10 months' family pension has not been paid till date. The petitioner, if so advised, may file a detail representation before Additional Chief Secretary, Home Department, Government of Bihar, who will look into the matter and pass necessary order in accordance with the provisions of Swatantra Sainik Samman Pension Scheme.

Patna High Court CWJC No.17602 of 2021(3) dt.04-02-2023 3/3

5. If it is found that the claim of the petitioner is sustainable then in that case he may seek recommendation of the Union of India.

6. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U