MURTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ petition has been filed by the petitioner for following reliefs:-

(3.) It is the case of the petitioner that her husband Late Ramchandra Singh was a prominent freedom fighter who remained underground and absconded in connection with Gurua PS Case for his alleged involvement in putting fire on the Guruar Post Office and destructing the Sherghati Bridge in the year 1942 for which he was granted certificate of suffering by abscondence by two prominent freedom fighter namely, Sahdeo Singh and Madan Mohan Singh who certified that Late Ramchandra Singh remained in abscondence with them. The petitioner's husband possessed the required eligibility for grant of Swatantra Sainik Samman Pension along with the required certificates. The petitioner's application was placed before the State Advisory Committee in its meeting dtd. 7/8/1990 of October 1991 and in the said meeting late Ramchandra Singh's case was recommended from the District-Gaya on 7/2/1992 by the State Advisory Committee. Accordingly, Respondent State of Bihar vide letter no. 453 dtd. 21/4/1992 recommended the petitioner's case on the proforma recommendation sheet and recommended the petitioner's case on the abscondition certificate granted by proforma freedom fighter-cum-MLA Sri Madan Mohan Singh who certified that Late Ramchandra Singh remained absconder from September 1942 to 1946. In spite of recommendation of the State Government and repeated representation, no action was taken on the petitioner's case for grant of Samman Pension and ultimately, on 21/6/1998 petitioner's husband Ramchandra Singh died. After death of late Ramchandra Singh petitioner being widow and the dependent started pursuing the matter of Samman Pension before the respondent/State of Bihar vide letter no. 592 dtd. 29/9/2014 again recommended the case of Late Ramchandra Singh in view of specific recommendation of State Advisory Committee meeting dtd. 9/10/1991 and the respondent State of Bihar sent its recommendation along with application and other related documents to the respondent Union of India. Lastly, petitioner placed her representation dtd. 17/10/2014 before the respondent Union of India for sanction of her Samman Pension in view of State recommendation dtd. 29/9/2014, but in spite of valid recommendation in favour of the husband of petitioner and repeated reminders nothing happened on her representation.