CHAMELI DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Through the instant petition Chameli Devi, the petitioner, widow of Jagan Nath who had been granted Swatantra Sainani Samman Pension in the year 1994 and from whom the pension has been withdrawn after the death of Jagan Nath on the ground that the benefit had been obtained on the basis of forged documents, has challenged the order/ letter dated October 3, 2013 (annexure P-7).

(2.) Brief facts relevant for adjudication of the present writ petition are that Jagan Nath as a member of Azad Hind Fauj having participated in the freedom movement of the country was included at Sr. No. 285 at page 25 of the list of freedom fighters of District Sonepat. He had been issued identity card by Government of Haryana. The said identity card was signed by Tehsildar Sonepat and countersigned by the Deputy Commissioner, Sonepat. The said Jagan Nath who was husband of the petitioner was grated Swatantra Sainani Samman Pension by Government of Haryana vide Pension Order No. 102/ PPO No.E8196FF which number is mentioned on the identity card of the husband of the petitioner, copy of which has been placed on record as annexure P-1. The husband of the petitioner died on November 19, 1995, as is apparent from the death certificate annexure P-23. After the death of Jagan Nath, he was honoured with Tamarpatra by Chief Minister of Haryana on October 21, 1997.

(3.) After the death of the husband of the petitioner, the petitioner was not aware of the freedom fighter pension having been disbursed to her husband during his life time but in 2011, she incidentally came across the pension pass book and being an illiterate had shown the said documents to the family members and came to learn that the documents were of Swatantra Sainani Samman Pension which was being paid to her husband in his bank account No.6426 of Punjab National Bank, Murthal. Thereafter the petitioner made a representation to respondent No.3 by a registered letter dated April 19, 2011. The Deputy Commissioner, Sonepat had inquired into the matter. The petitioner being widow of Jagan Nath, freedom fighter, who died on November 19, 1995, was held entitled to pension and it was recommended that she be disbursed the amount of pension, copy of the letter dated March 29, 2013 is appended with the petition as annexure P-6. Respondent No.4 had been directed to release the pension in favour of the petitioner. But despite specific direction, the pension was not released but a letter dated October 3, 2013 was sent to respondent No.4 stating therein that earlier memo dated July 29, 2013 in favour of petitioner widow of Jagan Nath be treated as withdrawn. It is mentioned in the letter that name of Jagan Nath, husband of the petitioner, had been omitted from the list of freedom fighters of District Sonepat.