Karyanand Sharma v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.491 of 2022 In Civil Writ Jurisdiction Case No.5174 of 2018 ====================================================== Karyanand Sharma Son of Late Aajo Singh @ Ramji Singh Resident of Village- Ramchanderpur, Tola, Teen Khuti, P.S.- Pipariya, DistrictLakhisarai. ... ... Appellant/s

Versus

1.

The Union of India Delhi.

2.

The Secretary, Ministry of Home Affairs, Government of India, 2nd Floor, NDCC- II Building, Jai Singh Marg, New Delhi- 110001. 3.

Under Secretary, Freedom Fighter and Rehabilitation Division, Ministry of Home Affairs, Government of India, 2nd Floor NDCC- II Building Jai Singh Marg, New Delhi- 1100001.

4.

That State of Bihar through the Principal Secretary, Department of Home, Government of Bihar Old Secretariat, Patna.

5.

The Principal Secretary, Department of Home, Government of Bihar, Old Secretariat, Patna.

6.

The Secretary, Department of Home Department of Freedom Fighter, Government of Bihar, Old Secretariat, Patna.

7.

The Secretary, Department of Home Special Branch, Government of Bihar, Old Secretariat, Patna.

8.

The Special Officer on Duty Cum Incharge Freedom Higher Division, Department of Home, Government of Bihar, Old Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Suresh Prasad Bhakta, Advocate For the Respondent/s :

Mr. Manoj Kumar Singh, Sr.CGC Mrs. Punam Kumari Singh, CGC Ms. Rinki Kumari, Advocate

Patna High Court L.P.A No.491 of 2022 dt.07-04-2025 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 07-04-2025 The appellant has assailed the order of the learned Single Judge dated 16.08.2022 passed in CWJC No. 5174 of 2018.

2. The core issue involved is whether the appellant is the son of a freedom fighter namely deceased Aajo Singh @ Ramji Singh or not. The learned Single Judge has taken note of policy decision of the State Government namely, Swatantrata Sainik Samman Pension Scheme notified on 06.08.2014 in which there is no provision to provide freedom fighter's pension to the legal heirs of the freedom fighter.

3. In the light of the aforementioned policy decision read with the learned Single Judge decision, the appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 16.08.2022.

4. Accordingly the LPA stands dismissed, while affirming the order of the learned Single Judge dated 16.08.2022 passed in CWJC No. 5174 of 2018.

Patna High Court L.P.A No.491 of 2022 dt.07-04-2025 3/3

4. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) (Alok Kumar Sinha, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.04.2025 Transmission Date NA