KISHAN KAUR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is for issuance of a writ in the nature of Mandamus directing respondent No. 2 to grant sanction for payment of arrears of Freedom Fighter Pension to the petitioner w.e.f. November, 1995 till date. Late Sh. Ajit Singh-husband of the petitioner was granted Freedom Fighter Pension by the Central Government vide Pension Payment Order No. 16010/FF/Cent. He expired on 18.12.1972. Thereafter, the Freedom Fighter Pension was transferred in the name of the petitioner. On 02.10.1994, the amount of pension was raised from Rs. 1000/- to Rs. 1500/- per month as per Annexure P-3. This pension was being credited in the account of the petitioner till October, 1995. Thereafter, being an old lady of 75 years, she moved to Australia to join her daughter and son-in-law in the year 1995-96. Consequently, the amount of Freedom Fighter Pension granted to the petitioner was stopped by respondent-State of Punjab. On a representation made by the petitioner on 30.09.1999 (Annexure P-1), she was asked to submit her claim in the prescribed format vide letter dated 08.08.2000 (Annexure P-2) issued by respondent No. 3. On receipt of the aforesaid letter, she submitted her claim in the prescribed format. In her claim application dated 29.12.2000 (Annexure P-3), she gave details of one Central government letter No. 27/J/3533/72.FF/NA dated 08.04.80. Along with the same, she also enclosed a copy of Pension Payment Order No. 16010/FF/Cent. and life certificate, which was duly attested by Notary Public. Copy of fresh Life Certificate dated 27.04.2005, duly attested by the Consulate General of India in Sydney is annexed as Annexure P-4. Though, the District Treasury Officer, Jalandhar-respondent No. 4 sent her claim to the Chief Accounts Officer, Central Pension Accounts Office, New Delhi-respondent No. 2, but the same has not been accorded till date.

(2.) On notice, written statement has been filed by respondent Nos. 3 to 5 i.e. officials of the State of Punjab, stating that pursuant to the application made by the petitioner, the respondents had sought information from her vide letter dated 17.04.2001 (Annexure R/2-T) to supply the required documents i.e. copy of pension sanction orders issued by the Government of India. Vide this letter, she was also asked, as to whether she was receiving the Government of India pension up to date. Subsequently, vide letter dated 22.06.2005 (Annexure R/3-T), she was required to send information, as to whether she had acquired foreign citizenship. An affidavit was required to be furnished in this regard. Subsequently, reminder 12.07.2005 (R/5-T) was sent to her in this regard. Finally, reference has been made to a letter dated 8/11.08.2003 (Annexure R/6) sent by the Government of India, Ministry of Home Affairs wit regard to pension case of Shri Mohinder Singh, wherein it has been stated that Swatantarta Sainik Samman Pension was applicable to only the Indian Citizens, whether living in the country or outside the country. A pensioner, who has acquired citizenship of a foreign country, is not entitled to this pension.

(3.) During the pendency of this petition, Smt. Kishan Kaur petitioner expired on 15.07.2005. Thereafter, a Division Bench of this Court dismissed this petition on 19.01.2006 on the ground that the Freedom Fighter Pension was not payable to the legal heirs of the deceased in any circumstances. Thereafter, Ram Tirath-legal heir of deceased-petitioner filed review application No. 313 of 2006 seeking review of the order dated 19.01.2006.