GAYATRI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has sought quashing of the memo No. 692 dated 14.11.2006 issued by the Deputy Commissioner, Jamtara by which the claim of the petitioner for getting Freedom Fighter Pension has been denied. Petitioner has further prayed for a direction upon the respondents to pay the freedom fighter pension, by claiming herself to be the wife of late Teni Lal Tamoli, freedom fighter.

(2.) As per the petitioner, late Teni Lal Tamoli died in the year 1968 and he remained in custody in Central Jail, Bhagalpur since 26.2.1943 to 9.1.1944 under the Preventive Detention Act and I.P.C. The petitioner was granted family pension w.e.f. 22.9.1987 by a letter issued by the Ministry of Home Affairs, Government of India, copies of which were sent to the office of Accountant General, Bihar, Department of Home, Bihar, petitioner, Treasury Officer and Collector, Dumka (Annexure-3). The petitioner continued to receive pension till December, 2003 @ Rs. 500/-. Petitioner, thereafter, approached this Court in W.P.C. No. 888 of 2005 (Annexure-1) being aggrieved with the stoppage of her pension. The case of the petitioner was contested by the respondent-State that she was not the widow of late Teni Lal Tomali and has falsely impersonated herself as Gayatri Devi. She is, in fact, widow of late Narayan Bhagat and her actual name is Savitri Devi. This Court, in the circumstances, disposed of the writ petition by directing the Deputy Commissioner, Jamtara to hold fresh enquiry again and pass a reasoned order in accordance with taw within a stipulated time (Annexure-1). Thereafter, on inquiry the impugned order has been issued by the Deputy Commissioner, Jamtara holding that the petitioner is not entitled to family pension and the findings arrived at in the inquiry is that petitioner is Savitri Devi, W/o late Narayan Bhagat, who has impersonated as Gayatri Devi W/o of late Teni Lal Tomali and obtained freedom fighter pension which is wholly impermissible and contrary to rules.

(3.) Respondents have appeared and filed their counter affidavit supporting the impugned order. The report of the Circle Officer, Jamtara is annexed as Annexure-A to the counter affidavit filed on behalf of Respondent No. 7, Treasury Officer, Jamtara giving details of the finding in the inquiry report. The genealogy has also been given and it has been found that the W/o Teni Lal Tomali, freedom fighter had actually died much long before. It is further been stated on statement recorded from one Umesh Bhagat grandson of Teni Lal Tomali that his mother Savitri Devi has been availing freedom fighter pension posing as his grandmother Gayatri Devi. The daughter of late Teni Lal Tomali, Smt. Laxmi Devi aged 34 years as per the report also stated that her mother had died when she was 5 years of age and his brother and 'Bhabhi', Savitri Devi have reared her, thereafter the said Savitri Devi was availing the freedom fighter pension posing as her mother, although she is wife of late Narayan Bhagat, another son of Teni Lal Tomali. Another counter affidavit has also been filed on behalf of respondent No. 6, The Sub-Divisional Officer, Jamtara, wherein also these facts have been reiterated.