ABHISHEK SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajiv Nayan Singh and Sri Raj Kumar, learned Counsel for the petitioner and Sri Neeraj Upadhyay, learned Additional Chief Standing Counsel who has appeared for the respondents. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of learned Counsel for the parties, the writ petition is being finally decided.

(2.) By this writ petition, the petitioner has prayed for quashing the order dated 21-4- 2008, passed by the District Magistrate, Baghpat, rejecting the application dated 26- 12-2006 submitted by the petitioner praying for a certificate of dependent of freedom fighter of late Bireshwar Sharma. The petitioner has also prayed for a mandamus, directing the respondent No. 1 to release/grant the family pension to the petitioner as dependent of freedom fighter.

(3.) Brief facts necessary for deciding the writ petition are; late Bireshwar Sharma was a freedom fighter Bireshwar Sharma died in the year 1952 leaving behind his widow Smt. Shanti Devi and one daughter namely Smt. Savita Sharma Shanti Devi the widow of deceased freedom fighter was sanctioned freedom fighter family pension and was in receipt of said pension throughout her life. Shanti Devi died; on 4-1-1998 The petitioner's case, is that prior to her death, Smt. Shanti Devi, adopted the petitioner and a registered adoption deed was executed on 28-10-1997. The petitioner is none other but son of Smt. Savita Sharma, daughter, of late Shanti Devi. An application was made by the petitioner claiming grant of family pension to the petitioner after death of her mother Shanti Devi w.e.f. 1-1-199.8. Along with the application registered adoption deed and the death certificate were also annexed. The Treasury Officer Meerut forwarded the application of the petitioner to the State Government vide letter dated 26-2-2005 which was returned by the State Government with the observation that the claim made by the petitioner may be got examined according to the Rajya Swatantrata Sangram Senani Pension Niyamawali, 1975 and then clear proposal be made available to the State Government. The District Magistrate again sent a letter dated 31-10-2007 for approval of grant of family pension to the petitioner. The State Government vide letter dated 8-2-2008 informed that Shanti Devi was residing in district Baghpat of which district the petitioner is also resident and the papers relating to family pension be transferred to the office of District Magistrate Baghpat from the Treasury office, Meerut. The letter further directed that the certificate of dependent of freedom fighter be issued after examining the adoption deed. After the letter of the State Government dated 8-2-2005, the District Magistrate passed an order on 21 - 4-2008, rejecting the application of the petitioner for issuance of certificate of dependent of freedom fighter. The District Magistrate in his order took the view that the petitioner could not have been adopted being daughter's son. The petitioner has filed the writ petition challenging the aforesaid order dated 21-4-2008.