Most. Badhan Devi vs The Union of India and Others

Shailesh Kumar Sinha, J.—Heard the learned counsel for the petitioner and the respondent-Union of India as well as the State of Bihar. Learned counsel appearing for the petitioner submits that the petitioner is the legally wedded second wife of the'' original claimant for Freedom Fighter Pension namely, Shankar Prasad, and accordingly, the petitioner made an application for the same as per her application dated 10.8.1997, as contained in Annexure-9 to the writ application, but no action has been taken as yet on her said application.

Learned counsel for the Union of India has filed a counter affidavit and has submitted that the petitioner did not fulfill all the requirements for considering her application for sanction of the Freedom Fighter Pension, as mentioned in the notification dated 15th September, 1993 as contained in Annexure-A to the petitioner''s reply to the counter affidavit.

Learned counsel appearing for the petitioner in view of the above, submits that he may be permitted to file the necessary requirements, if any, including the affidavit as per the aforesaid notification before the Ministry of Home, Government of India, respondent no. 3.

In case the necessary requirements are filed by the petitioner alongwith the certified copy of the present order within a period of three months, the respondent no. 3 shall consider the same and pass appropriate order in accordance with law expeditiously, preferably within a period of four months since the matter is pending since longtime and also since at one point of time the matter was already considered for sanction of the freedom fighter samman pension in favour of Late Shankar Prasad, as disclosed in the counter affidavit of the respondent-Union of India. It is expected that the concerned authority of the Central Government shall take appropriate necessary action including verification from the concerned department of the State Government, if required, without delay so that the matter could be decided at the earliest. The final order passed in the matter be communicated to the petitioner by post under registered cover. The writ application is disposed of with the above observations and directions.