IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1643 of 2008 Most.Geeta Devi, Widow of late Lakhan Pandey, Resident of Village & PO Babhana, PS Jehanabad, District Jehanabad. ------ Petitioner. Versus 1. The State of Bihar. 2. Director-cum-Under Secretary, Freedom Fighter Division, Home Ministry, Old Secretariat, Patna. 3. The Regional Manager, State Bank of India, Judges Court Road, Patna. 4. The Branch Manager, State Bank of India, Main Branch, Jehanabad. 5. The Accountant General, Ranchi, Jharkhand. 6. The District Magistrate, Jehanabad. 7. The Treasury Officer, Gaya. 8. The Treasury Officer, Jehanabad. 9. The Union of India, through its Secretary, Government of India, Ministry of Home Affairs, Freedom Fighter Division, Lok Nayak Bhawan, Khan Market, New Delhi. – Respondents. For the petitioner : Mr. Sunil Srivastava, Advocate For theUnion of India : Mr. Sahvind Kumar Sharma, Advocate For the State Bank of India : Alok Kumar Choudhary, Advocate For the State of Bihar : Priyank Samdarshi, Advocate ----------- 5 14.11.2011 Heard the parties. The petitioner is aggrieved by the fact that she being the widow of the person who was receiving the benefit of the pension given to Freedom Fighter is not being granted the family pension. The stand of the State Bank of India is that the petitioner’s name did not find place in the column of nomination of heirs and as such, the Bank being merely a disbursing officer cannot suo motu grant the pension. Learned counsel for the petitioner submits that as per the Government of India Circular No. 8/17/89-FF(P) dated 1.5.1992 it 2 has been directed that in cases “where nomination does not exist, the disbursing officer may make payment of family pension after obtaining an affidavit and affirming dependents’ relationship to this freedom fighter.” A passport size photograph of the dependent of the freedom fighter should be affixed on the affidavit which may be duly verified and attested by the District Magistrate/Collector etc. (but not below the rank of Telsildar) under his office seal. Learned counsel for the petitioner submits that he has fulfilled the conditions aforesaid and has submitted before the Bank all the details regarding the family pension as well as the photograph attested by the District Magistrate. Besides which his identification proof has been certified by the D.C.L.R. and the Civil Surgeon as would be apparent from page 30 of the writ application. In case the Bank had any problem or doubts with respect to the identity of the petitioner, the Bank ought to have got it verified by the District Magistrate, there is no reason otherwise to stop the payment to a person who is dependent and entitled to receive 3 family pension. In case the Bank has still such doubts then the matter may be sent to the District Magistrate, Jehanabad within a period of two weeks from the date of receipt of a copy of this order. The District Magistrate, Jehanabad will make an enquiry if he is dissatisfied with the documents of the petitioner along with the documents produced by the petitioner to the District Magistrate. The District Magistrae, Jehanabad may make an enquiry if he is dissatisfied with the documents produced by the Bank within a period of two months on receipt of the documents. These facts may be brought to the notice of the District Magistrate, Jehanabad by the counsel for the State by sending him a copy of this order passed by this Court. This writ application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)