RAJESHWARI SHARMA Vs. STATE

JUDGEMENT

(1.) This writ petition has been preferred by a widow of a freedom fighter, who is at present of 91 years of age, whose late husband died at the age of about 100 years, after earnestly pursuing the remedies available under law, ever since 05/03/1981, for the grant of Freedom Fighter Pension under the Rules of 1975. The claim of her late husband of the petitioner, for the grant of Freedom Fighter Pension has been rejected by State by the impugned orders under challenge in the writ petition. Hence, in the writ petition he has sought the following reliefs :-

(2.) This Court is conscious of the fact that normally under the procedure which Writ Court has to follow is that when the writ petition, if it is sustainable on merits should be admitted and proceeded after an opportunity to the respondent to file the counter version. But the instant case which was filed on 29.1.2018, the same was placed before the Court for admission / hearing on 30.1.2018, considering the age of petitioner, the State Counsel was directed to seek an appropriate instructions from the State Government and the matter was posted thereafter for 01.2.2018. The matter was taken up and heard on 01.02.2018 and it proceeded on merits after receipt of instructions from the State by the respondents counsel. The parties were heard at length and the State Counsel has reiterated the stand / reasoning taken by the respondent in support of the impugned order. But looking to the wider interest of the litigating party who is now of 91 years of age, this writ petition is being decided on merits, at the admission stage itself, with the consent of learned counsel for the parties.

(3.) Nothing could be a more pathetic litigation then the case at hand, where a person who has devoted his life in procuring the freedom of the country our "Alma Mater" have been pursuing for the grant of freedom fighter pension under the Rules of 1975 ever since 05/03/1981, but without any result.