LAWS(PAT)-2022-7-115

SAINA DEVI Vs. UNION OF INDIA

Decided On July 14, 2022
Saina Devi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present writ petition has been filed for grant of family pension to the widow petitioner, who claims to be the widow of a freedom fighter namely Late Dhruv Narayan Prasad, under the Swatantra Sainik Samman Pension Yojna.

(2.) The case of the petitioner in brief is that the husband of the petitioner was a freedom fighter and had actively participated in the 1942 independence movement along with other freedom fighters and had hoisted flag on Barhara Police station, destroyed railway track and post office records with view to end the British rules. The husband of the petitioner had applied for grant of freedom fighter pension vide application dtd. 31/8/1981, however, the same was not approved on account of lack of evidence, whereafter the husband of the petitioner had again collected evidence and the Home (Special), Department, Government of Bihar, Patna vide letter dtd. 30/3/1990 had recommended the case of the husband of the petitioner for grant of freedom fighter pension.

(3.) Per contra, the learned counsel for the State has submitted that the aforesaid scheme is a scheme of the Union Government, hence, it is the appropriate authority to grant or reject the claim of the petitioner/ her husband. It is also submitted that the husband of the petitioner died on 25/12/2009 and till that time his Swatantra Sainik Samman Pension was not sanctioned to him, hence the claim of the petitioner is not maintainable.