Petitioner, widow of a deceased Freedom Fighter pensioner, sought family pension. Court noted the warranting department's reply was awaited and disposed the application by calling the matter back for hearing within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2621 of 2010
----------For the Petitioner :- Mr. N. K. Verma, Adv. For the Union of India :- Mr. Binay Kr. Pandey, Adv. For the State:A.C. to G.A.-4.
Heard learned counsel for the petitioner
and the Union of India.
The petitioner is stated to be the widow of late Shri Rajendra Thakur who was drawing Freedom Fighter pension in his life time and has been deceased on 11.2.2009. It is submitted that the deceased drew family pension till 11.2.2009. The petitioner has represented for grant of family pension on 29.3.2009 which has not been granted.
Learned counsel for the Union of India
invites the attention of the Court to Annexure-A/6 to the counter affidavit and submits that on 1.10.2004
in the life time of the deceased show cause notice had been issued to him and on receipt of his reply on 21.10.2004 the comment of the State Government has been asked for and which is still awaited. The
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pension of the deceased was directed to be stopped from 1.10.2004. In view of the assertions made in the writ petition further details has been sought from the State Government on all aspects by letter dated 10.9.2010.
Let the State of Bihar answer the queries of the Union of India as raised in the latters letter dated 10.9.2010 within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order before it. The Union of India is then expected to take a final decision in the matter
within another maximum period of six weeks from
the date that the reply of the State of Bihar is received.
It is expected that the State of Bihar and
the Union of India shall adequately furnish materials to the petitioner on which aspect they rely and if they proposes to arrive at a finding adverse to the petitioner.
The writ application stands disposed.
P. Kumar
( Navin Sinha, J.)
Smt. Sarswati Devi
The Union of India
The State of Bihar
District Magistrate Samastipur
Anchal Adhikari
Navin Sinha
As recorded by the court registry
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