Asagari Fatima @ Asagari Khatoon v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15085 of 2014 ====================================================== 1.1. Md. Zafarul Haq S/o Late Asagari Fatima @ Asagari Khatoon resident of Village- Singhara, P.S.- Maner, District- Patna. 1.2. Khatoon Daughter of Law Asagari Fatima @ Asagari Khatoon resident of Village- Singhara, P.S.- Maner, District- Patna. 1.3. Md. Irshad Grandson of Late Asagari Fatima @ Asagari Khatoon resident of Village- Singhara, P.S.- Maner, District- Patna. 1.4. Isharat Bano Grand daughter of Late Asagari Fatima @ Asagari Khatoon resident of Village- Singhara, P.S.- Maner, District- Patna. 1.5. Nusarat Bano Grand daughter of Late Asagari Fatima @ Asagari Khatoon resident of Village- Singhara, P.S.- Maner, District- Patna. 1.6. Nujahat Bano Grand daughter of Late Asagari Fatima @ Asagari Khatoon resident of Village- Singhara, P.S.- Maner, District- Patna. 1.7. Nigdat Bano Grand daughter of Late Asagari Fatima @ Asagari Khatoon resident of Village- Singhara, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Home Secretary, Govt. of India New Delhi. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary Home Department, Govt. of Bihar, Patna. 4.

The Awar Secretary Home (Special), Govt. of Bihar, Patna. 5.

The Accountant General, Patna Bihar.

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Adv.

For the Respondent/s :

Mr.Sanjay Kumar, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application praying for issuance of writ/writs in the nature of Certiorari, directing and commanding to the state respondents for making payment of pension and arrears of pension

Patna High Court CWJC No.15085 of 2014(4) dt.26-06-2024 2/3 of freedom fighter in place of her husband who was freedom fighter and the central government and state government were paying pension of freedom fighter in his life time but after death of the husband of the petitioner central government is paying pension of freedom fighter regularly but the state government is paying freedom fighter pension to the petitioner in place of her husband as well as for direction to the state respondents for making payment of entire allowance and other financial benefit to the petitioner, which has not been paid to the petitioner after death of her husband with statutory interest."

2. At the outset, the learned counsel for the Respondent-State has referred to the counter affidavit, filed on behalf of the State Respondent, more particularly, paragraph no.8 thereof, which is reproduced hereinbelow:- "1. That it is submitted that the District Magistrate, Patna after getting the enquiry report from circle officer Maner and the basis of recommendation made by the SDO Danapur vide letter no. 952 dated 07.04.2016 sanctioned the state family pension of R.2000/- and Rs.5000/- from 14.10.2007 and 01.08.2015 respectively and arears of Rs.12835 as arears of pension of freedom fighter in place of her Late Husband."

Patna High Court CWJC No.15085 of 2014(4) dt.26-06-2024 3/3

3. In view of the aforesaid, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Patna for payment of the aforesaid amount, in accordance with law. Liberty so sought is granted.

4. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U