Shanti Nath Jha v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13312 of 2022 ====================================================== Shanti Nath Jha S/o Late Harihar Jha Resident of Ward No. 4, Village and P.O.- Belhwar, P.S.- Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The Union of India through the Ministry of Home, Government of India, New Delhi.

2.

The Under Secretary, Freedom Fighter Division, Ministry of Home, Government of India, New Delhi.

3.

The Additional Secretary, Department of Home (Special), Government of Bihar, Patna.

4.

The Joint Secretary, Department of Home (Special), Government of Bihar, Patna.

5.

The District Magistrate, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinay Raj,Adv.

For the Respondent/s :

Mr.Awadhesh Kr.Pandey,Sr.C.G.C.

Mr.R.K.Sharma ,CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2023 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of a direction upon the respondents to grant Freedom Fighter pension to the petitioner under the Swatantrata Sainik Samman Pension Scheme, 1980."

At the outset, the learned counsel for the respondent-State submits that upon enquiry, necessary documents along with recommendation qua

Patna High Court CWJC No.13312 of 2022(2) dt.09-05-2023 2/2 the petitioner herein, has already been sent to the Ministry of Home Affairs, (Freedom Fighter Division), Government of India, vide letter no. 1432 dated 18.09.1991, whereafter certain enquiries were made by the Central Government and then the final recommendation has also been sent by the Home (Special) Department, Government of Bihar, vide letter no. 164 dated 10.03.2014, hence, now it is for the Central Government to take a final decision with regard to the case of the petitioner for grant of pension under the Swatantrata Sainik Samman Pension Scheme, 1980.

In view of the aforesaid, I deem it fit and proper to dispose off the present writ petition with a direction to the respondents no. 1 & 2 to take the final decision with regard to the case of the petitioner, within a period of six weeks of receipt/production of a copy of this order.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU