DIPAK KUMAR GIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the son of a deceased freedom fighter, who used to draw pension under the Swatantra Sainik Samman Pension Scheme (SSS Pension Scheme). The petitioner's father died on 21/4/2014 and the petitioner's mother pre-deceased the petitioner's father. The petitioner claims setting aside of the letters dtd. 19/8/2015 and 10/7/2018 issued by the Ministry of Home Affairs with regard to cancellation of the SSS Pension Scheme. The petitioner also prays for a mandamus commanding the respondent no. 1 to transfer the pension entitlements of the petitioner's father / beneficiary of the Scheme from June, 2011 till his father's death on 21/4/2014 and disburse such payments in favour of the petitioner.

(2.) The reasons given in the letter dtd. 10/7/2018 is that vide paragraph 2.3 of the Revised Policy Guidelines dtd. 6/8/2014 the pensioner is required to submit his Life Certificate by 30th November every year and if this is not done till next 31st October, the pension shall be deemed to have been cancelled. In such cases, the Bank should return the disburser's portion of the pension payment order to the pension authority.

(3.) Paragraph 2.3 of the Revised Policy Guidelines introduced by the Ministry of Home Affairs on 6/8/2014 has been set out in the impugned letter dtd. 10/7/2018 and is reproduced below :