STATE OF UTTARAKHAND Vs. MOHINI DEVI

JUDGEMENT

(1.) Since the sufficient cause has been shown by the appellants for the delay of 89 days in preferring the present Appeal, and, respondent has not opposed the Delay Condonation Application, the delay is hereby condoned. Delay Condonation Application is disposed of, accordingly.

(2.) The brief facts which are required to be stated are that late Shri Mathura Dutt Kabdal, the husband of the writ petitioner, was a freedom fighter, who participated in the freedom struggle against British Rule in India. On 22/12/1978, husband of the petitioner died. On 4/11/1991, late Shri Mathura Dutt Kabdal was conferred the status of freedom fighter and the Additional District Magistrate, Nainital issued a certificate (Annexure No. 3 to the writ petition) in this regard. After death her husband, petitioner applied for family pension as dependent of freedom fighter. On 27/3/2018, the Joint Magistrate, Lal Kuan obtained report from all concerned and submitted his report to the District Magistrate, Nainital along with documents of the petitioner. On 26/3/2018, petitioner was advised to again submit her particulars with District Administration, Nainital. On 25/10/2018, upon receipt of the letter issued by the District Magistrate, a decision was taken by the Department of Home, refusing the proposal of granting freedom fighter successor pension to the petitioner.

(3.) Aggrieved by the said order dtd. 25/10/2018, passed by respondent no.4, a Writ Petition [Writ Petition (M/s) No.1858 of 2019, titled, "Mohini Devi vs. State of Uttarakhand and Others"] was filed with the following reliefs:-