KASABAI SHAMRAO SHINGARE Vs. UNION OF INDIA

JUDGEMENT

(1.) The husband of the petitioner was freedom fighter. He was receiving freedom fighter pension. The husband of the petitioner died on 03.05.2016. The son of the petitioner on or about 26.07.2016 communicated to the State Bank of Hyderabad that the husband of the petitioner Shamrao Narayan Shingare died on 03.05.2016. The pension be paid to his widow i.e. the present petitioner. The present petitioner also communicated on 15.11.2016 to the State Bank of Hyderabad about the death of her freedom fighter husband and asked that the family pension be paid to her. The Bank, on or about 22.12.2016, communicated to the Manager CPPC, State Bank of Hyderabad communicating to stop the payment of pension to the deceased freedom fighter and start paying the same to the present petitioner. The communications were made from time to time by the petitioner to the Bank. It appears that the application in proper format was made to the Bank. The Bank in turn forwarded it to the respondent No.1. The family pension is sanctioned to the petitioner on and from 01.10.2017. The grievance of the petitioner is non receipt of the family pension from 03.05.2016 to 27.09.2017 .

(2.) The stand of respondent No.1 is that as per clause 5.2 of the revised policy guidelines for disbursement of Central Samman Pension to be followed by the public sector Bank, the application for transfer of pension shall be made within six months of the death of the freedom fighter. Application received after six months shall not be considered by the Bank but referred to the Ministry. Mr. Kulkarni, learned counsel for Respondents also relies on clause 5.2.2 of the scheme of the guidelines and submits that the dependent pension shall be paid from the date of application by the spouse and not from the date of death of the pensioner. According to Mr. Kulkarni, the learned counsel for the respondents the application dated 06.07.2017 is received by the department in the month of September, 2017 and the petitioner is sanctioned family pension from 01.10.2017. No illegality has been committed.

(3.) We have considered the submissions canvassed by the learned counsel for the parties.