Satyanarayan Sah v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2763 of 2018 ====================================================== Satyanarayan Sah Son of Late Hari Kishun Sah, resident of VillageSahebganj, P.O.- Mathura Sahebganj, P.S.- Belhar, District- Banka. ... ... Petitioner/s

Versus

1.

The Union of India 2.

The Deputy Secretary to the Government of India, Freedom Fighter Division, MHA, New Delhi.

3.

The Under Secretary, Government of India, Ministry of Home, Freedom Fighter Division, Loknayak Bhaw 4.

The Director, Ministry of Home, Freedom Fighter Division, NDCC Bhawan, Phase-II, Second Floor, New 5.

The State of Bihar through the Chief Secretary. 6.

The Principal Secretary, Department of Home Special , Government of Bihar.

7.

The Joint Secretary, Department of Home Special, Government of Bihar. 8.

The Joint Secretary, Department of Home Special, Government of Bihar. 9.

The District Magistrate, Banka.

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

For the Petitioner/s :

Mr.Ujjwal Kumar Sinha, Advocate For the State :

Mr. Bishwa Bibhuti Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2022 Though the present petition has been filed for grant of Swatantrata Sainik Samman Pension to the petitioner on account of him having participated in the Quit India movement, 1942, however, it has been informed to this Court that the petitioner has died during the interregnum period, however, no legal heirs have been substituted.

Nonetheless, the learned counsel appearing for the Union of India has brought to the notice of this Court guidelines framed for disbursement of Central Samman pension and

Patna High Court CWJC No.2763 of 2018(2) dt.19-07-2022 2/2 according to clause 1.5 thereof, it has been postulated that no pension shall be sanctioned in the name of the freedom fighter after his/her death even if his/her matter was under examination. In such view of the matter, the learned counsel appearing for the deceased petitioner seeks liberty to challenge the said provision/guideline contained in clause-1.5, as aforesaid.

Accordingly, the present writ petition stands disposed off, however, with the aforesaid liberty.

(Mohit Kumar Shah, J) S.Sb/- U