Dismissed

Bimla Devi v. Union of India

Himachal Pradesh HC26 Jul 2017CWP/1627/2017

Case brief

AI extract

What is this about?

In a writ petition regarding Freedom Fighters Pension Scheme, 1972, the court directed the petitioner to approach authorities for case processing. It ensured the certificate issuance and set timelines for decision-making without adjudicating document availability on merits.

What did the court decide?

Directive to authorities to process case under 4 weeks and decide within 8 weeks after certificate issuance.

Bimla Devi Vs Union of India — Pension and Retirement Benefits | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No. 1627 of 2017 Decided on: July 26 2017 ----------------------------------------------------------------------------------------Smt. Bimla Devi …………….Petitioner Versus Union of India and another ……….Respondents -----------------------------------------------------------------------------------------

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Coram

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Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?

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----------------------------------------------------------------------------------------- For the petitioner Mr. Dushyant Dadwal, Advocate. For the respondents : Mr. Ashok Sharma, Assistant Solicitor General of India with Mr. Angrez Kapoor, Advocate, for respondent No.1. Mr. M.A. Khan and Mr. Anup Rattan, Additional Advocates General with Mr. J.K. Verma, Deputy Advocate General, for respondent No.2.

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----------------------------------------------------------------------------------------- Sanjay Karol, Acting Chief Justice (oral):

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The controversy in issue, in our considered view, can easily be resolved with the petitioner completing formalities in terms of Freedom Fighters Pension Scheme, 1972; with the issuance of certificate by Deputy Commissioner and case being processed by the appropriate authorities.

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Before us, it is contended by the State that petitioner has not fulfilled the formalities, in as much as, documents germane to the determination of the issue, have not been placed on record by the petitioner. On the other hand, petitioner contends that such documents are not available. Scheme deals with such fact situation. If the documents are not available, then, on proper verification from the field staff, based on the report of the Sub Divisional Magistrate, Deputy

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1 Whether the reporters of the local papers may be allowed to see the judgment? .

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Commissioner can issue a certificate, which document by itself would be sufficient enough for processing the petitioner’s case, for grant of benefits, in accordance with law.

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Under these circumstances, we, without adjudicating the issue on merits, leaving the controversy about availability of the documents apart, direct the petitioner to forthwith get in touch with the Sub Divisional Magistrate, Jaisingpur, District Kangra, for getting the case processed, under the provisions of the Scheme. Mr. J.K. Verma, learned Deputy Advocate General, assures that Sub Divisional Magistrate concerned shall forthwith process the petitioner’s case and forward it to the Deputy Commissioner, who shall also process the case and take a decision within a period of four weeks thereafter. With the issuance of such a certificate, if any, we are hopeful that the case of the petitioner shall be forwarded to the competent authority, for taking a decision thereupon, which, we are hopeful, shall also be taken within a period of eight weeks, thereafter.

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With these observations, we dispose of the present petition. Pending applications, if any, also stand disposed of.

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Copy dasti.

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(Sanjay Karol)

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Acting Chief Justice

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(Sandeep Sharma) Judge

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July 26, 2017 (vikrant)

Bimla Devi v. Union of India

Case brief

What is this about?

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Bimla Devi v. Union of India

Case brief

What is this about?

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