IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6469 of 2010 1. Mosamat Kunti Devi W/O Late Sita Ram Singh R/O Vill.- Kinjar, P.O. Nagla Kingar, P.S. Karpi, Distt.- Jehanabad Versus 1. The Union of India through The Secretary, Govt. Of India, Ministry Of Home Affairs New Delhi 2. The Joint Secretary, Govt. Of India, Ministry Of Home Affairs, Freedom Fighter Division, Lok Nayak Bhawan, New Delhi 3. The Deputy Secretary, Govt. Of India, Ministry Of Home Affairs, Freedom Fighter Division Lok Nayak Bhavan Khan Market, New Delhi 4. The Under Secretary, Govt. Of India, Ministry Of Home Affairs, Freedom Fighter Division, Lok Nayak Bhavan, Khan Market, New Delhi 5. The Under Secretary Freedom Fighter Home Special Department, Old Secretariate, Patna ----------- 2 14.09.2011 Heard Mr. Girish Chandra Sharma, learned counsel for the petitioner and Mr. Apurva Kumar, learned A.C. to S.C.10 for the State. The writ petition has been filed seeking direction to the respondents for payment of the freedom fighters pension/family pension to the petitioner under the provisions of Swatantrata Senani Samman Pension Scheme, 1980 (hereinafter referred to as the “Scheme”). The petitioner is the widow of a freedom fighter late Sita Ram Singh who had filed a petition before the respondent No.5, the Under Secretary, Home Special Department, Government of Bihar, Patna for grant of freedom fighter pension under the Scheme and which application was filed on 28.12.1981 (Annexure-2). The case of the Late Sita Ram Singh along with others was taken up for consideration by the State Advisory Committee constituted for this purpose and the Committee in its meeting held on 28.06.1984 found him eligible and thus recommended his case for payment of freedom fighter pension under the Scheme. The name of the husband of the petitioner appears at serial No.134 of the list appended to the minutes of the proceedings 2 placed at Annexure-3. It is contended that thereafter nothing was heard from the State Government in this regard and the late husband of the petitioner awaiting final decision of the State Government and the Union of India, deceased on 29.03.1997. The petitioner thereafter represented before the Joint Secretary, Government of Bihar and the Under Secretary, Government of India freedom fighter pension Deptt., praying for grant of pension. The application of the petitioner dated 31.12.2002 placed at Annexure-7 of the writ petition was responded to by the Under Secretary, Government of India, Ministry of Home affairs who vide letter dated 13.02.2008, while referring to the direction issued by the District Consumer Disputes Redressal Forum, Jehanabad in a case arising out of Consumer Case No. 162 of 2003, informed the petitioner that an appropriate application is to be filed by the petitioner in this regard, before the State Government and which in turn is to be forwarded to the Government of India by the State Government in the prescribed form together with the recommendations in terms of the provisions of the Scheme. The Under Secretary, Government of India by the said intimation informed the petitioner that as per the records available neither any pension application from her late husband or from the petitioner was received in the office of the Government of India either directly or through the State Government and in absence whereof, the claim can not be processed. It is in these circumstances that the present writ petition came to be filed praying for relief for grant of pension under the Scheme. A counter affidavit has been filed on behalf of the respondent 3 No.5, sworn by the Deputy Secretary in the Home Special Department , Government of Bihar, Patna. The respondent-State while relying upon the directions issued by the District Consumer Forum, Jehanabad in Case No. 162 of 2003 dated 08.03.2006 has stated that the required application in the prescribed form has not been submitted by the petitioner despite the request being made by letters dated 03.06.2008, 14.07.2008 and 24.11.2010 placed at Annexures-B,C,D of the counter affidavit. It is further stated that the records relating to the claim of Swatantrata Senani Samman Pension of the late husband of the petitioner was not available in the Home Special Department. It is thus sought to be contended that in absence of proper application by the petitioner in the prescribed form as required under the Scheme, the respondents could not take necessary steps for consideration of the claim of the petitioner. Having heard learned counsel appearing on behalf of the parties and upon consideration of the materials available on the records of the proceedings, this Court is surprised at the attitude of the State Government in not following up the exercise, pursuant to the decision of the State Advisory Committee dated 28.06.1984 placed at Annexure-3 to the writ petition. The State Advisory Committee constituted for this purpose, upon consideration of the claim of the late husband of the petitioner had found him eligible for pension and had even recommended his case. In the entire counter affidavit filed on behalf of the Home Special Department there is no whisper on this aspect as to the follow up action taken by the department following the recommendation of the State Advisory Committee. On the contrary the 4 Deputy Secretary goes on to say that there are no records available in the Department which is at variance with the position emanating from the proceedings before this Court more particularly, the proceedings dated 28.06.1984. Although there has been considerable delay on the part of the late husband as well as the petitioner, in pursuing the cause and in approaching this Court, but the same would absolve the State of its responsibility and the obligations cast upon them specially when the claim of the late husband of the petitioner was found to be genuine. Considering the passage of time and the fact that the State is willing to look into the grievance of the petitioner, the writ petition is disposed of with a liberty to the petitioner to file the appropriate application in the prescribed form before the respondent No.5, the Under Secretary, Home Special Department Government of Bihar, Patna together with all relevant enclosures including such of the documents which manifest the acceptance of the claim of her late husband for freedom fighter pension and which application of the petitioner shall be considered and disposed of in accordance with law by the respondent No.5, the Under Secretary, Freedom Fighter, Home Special Department, Government of Bihar, expeditiously and preferably within a period of three months from the date of receipt of such application. Bibhash (Jyoti Saran, J.)