Bombay High CourtWP/8552/2017disposed offdismissed for default

Dropati @ Dhurabai Bhiwa Gambhire v. The Union Of India And Others

2017-07-07Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil3 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8552 OF 2017 DROPATI @ DHURABAI BHIWA GAMBHIRE

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioner : Shri V.C. Patil Ashtekar. AGP for Respondents/ State : Mrs.A.V.Gondhalekar. ...

CORAM: S.C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.

DATE :- 07th July, 2017 P.C.:

The Petitioner before us is the widow of the freedom fighter. She is aged 91 years. She states that the freedom fighter expired on 20.06.2016 as evidenced by the copy of the death certificate. That is annexed as Exhibit C to the petition. After death of the freedom fighter, the pension payable to the freedom fighter can be claimed by the widow of the deceased till her death. Relying upon this policy, the Petitioner moved Respondent No.5/Bank and informed it about the death of the freedom fighter.

It is stated that on the basis of the information supplied by the Petitioner, the State Bank of India, Branch Ambajogai, District Beed submitted the required documents and requested Respondent No.4/ Chief

*2* Manager of the SBI to start the family pension in the name of the Petitioner.

The office of Respondent No.4 informed Respondent No.5 to forward attested copies of some of the relevant documents. It has been mentioned in that letter dated 29.03.2017 by Respondent No.4 that the State Pension PPO is not attested by the Branch Officer and the name of the family pensioner is not mentioned in the Central Pension PPO. In these circumstances that the Petitioner is running from pillar to post and eventually, the District Collector, we are happy to state, has come to her aid and assistance. Though it is alleged that Respondent No.6/ District Collector has failed to render any assistance, but when the petition was called out, Mrs.Gondhalekar, learned AGP appearing on behalf of Respondent Nos.

2, 3 and 6, on instructions, states that the District Collector has done the needful and he has forwarded all documents/ proposal for onward action. In these circumstances and by making a favourable recommendation, the State as well as the Collector has rendered the required assistance to the Petitioner. When such statements are made on instructions by the learned AGP, the Petitioner's Advocate states that the grievance of the Petitioner is redressed.

However, we would expect not only the Collector, but the Bank Officials now to act swiftly and expeditiously and release the pension

*3* in favour of the Petitioner, who is aged 91 years. The pension be released in favour of the Petitioner with arrears from 01.07.2016. Let that be done as expeditiously as possible and within a period of TWO WEEKS from today.

The Writ Petition is disposed of with these directions. kps (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.)