LAWS(JHAR)-2017-4-6

BASANTI DEVI Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS & FREEDOM FIGHTER(CELL), NEW DELHI

Decided On April 04, 2017
BASANTI DEVI Appellant
V/S
Union Of India Through The Secretary, Ministry Of Home Affairs And Freedom Fighter(Cell), New Delhi Respondents

JUDGEMENT

(1.) Let the Allahabad Bank, Jasidih Branch, Deoghar through its Branch Manager be impleaded as Respondent no.7 in the instant writ petition, for which necessary correction shall be carried out by learned counsel for the petitioner in the array of parties during course of the day.

(2.) Heard learned counsels for the petitioner, State and the Union of India.

(3.) Petitioner is widow of Late Shridhar Dubey, a freedom fighter. Petitioner was getting pension from the Education Department of the State Government in lieu of services of her husband as Teacher in a Non Government Aided School. She was also receiving the freedom fighter pension under the SSS Pension scheme of the Ministry of Home Affairs, Government of India. As per the letter dated 27.2.2015(Annexure-9) of the Ministry of Home Affairs, Government of India, her pension from the Central Government under P.P.O No. 11574(POL) was suspended on the grounds that she is receiving pension from the State Government. She was asked to explain why the SSS dependent pension should not be cancelled and the amount wrongly received be not recovered. This aggrieved her to approach this Court with the prayer (1)(i) & (ii) herein asking for quashing of the letter dated 27.2.2015 and for resumption of the freedom fighter pension. Petitioner has also made a prayer for issuance of duplicate pension book which relates to the pension being received by her from the Education Department, Government of Jharkhand in lieu of service rendered by her husband as a Teacher.