Smt. Damodari Devi vs Union of India (UOI) and Another

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

(i) That a writ in the nature mandamus or any other appropriate writ or direction may be issued directing the respondents to declare the petitioner the widow of a Freedom Fighter and further grant the pension under the Freedom Fighter Scheme- 1972 as amended up to date alongwith the arrears at the rate of 9% interest.

In paragraphs Nos. 5 and 6 of the reply furnished by the respondents, it is stated as follows:

As per available record in the Ministry neither from the petitioner nor from her husband application in the prescribed form duly filled and supported by available documents alongwith mandatory verification cum entitlement to pension report of State Government has been received in this Ministry so far, as per provisions of the Swatantrata Sainik Samman pension Scheme, 1980. In the absence of which, this respondent is unable to consider the petitioner''s case on merits. The petitioner''s submission that answering respondent is not deciding her claim, which she alleges to have sent to the answering respondent, is totally incorrect.

That since answering respondent is still ready to consider the case of the petitioner, on submission of her application in the prescribed format alongwith documentary evidence in support of claimed sufferings, duly verified and recommended by the State Government, in accordance with the provisions of the scheme. Therefore, it is most respectfully submitted that the present petition may be dismissed with costs.

Therefore, this petition is disposed of as follows:

In the event of petitioner submitting the application in the prescribed format and supported by the required documents, the matter will be duly considered by the first respondent and appropriate action in the matter will be taken in accordance with law and justice within a period of two months from the date of production of copy of judgment alongwith representation. The benefits to which the petitioner is found eligible shall also be disbursed within the said period. It is also made clear that in case there is any defect in the application, thus furnished by the petitioner, the same shall be brought to the notice of the petitioner within a month on presentation of application and in which case the petitioner will cure such defects within another two weeks.