GAYA NAND AZAD Vs. UNION OF INDIA

JUDGEMENT

(1.) I .A. No. 914 of 2006 has been filed in the present writ application. There is a substitution petition to bring on record the legal heirs of the petitioner who died on 5.2.2005. The legal heirs are sons and daughter of the petitioner.

(2.) THE I.A. application no. 914 of 2006 is rejected in the background that the original writ petitioner late Gayanand Azad was found to be beneficiary of Freedom Fighter Pension Scheme not in accordance with the rules and the guidelines laid down in this regard. This finding was recorded and communicated vide order dated 3rd September, 2004 which is contained in Annexure -10. Petitioner was one of the person who was identified to have wrongly received the Freedom Fighter Pension when an inquiry was held by the authorities on the direction issued by a Division Bench of this Court based on a newspaper publication. Other details are not required to be recorded in this writ application except the present petitioner passed away in the year 2005 and his wife is also no more and there is nothing in the scheme to show that the sons and daughter could inherit under the scheme and benefit of pension under the Freedom Fighter Scheme. It is seen from the order itself that the authorities in its wisdom found and held that the pension being paid to the petitioner from 20.2.1982 was not in order but they had decided to waive the recovery of the pension amount already drawn by late Gayanand Azad.

(3.) IN view of the above decision the writ application has become infructuous and it is dismissed and no relief could be granted in so far as the siblings of the petitioner are concerned.