IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6552 of 2004 BALESHWAR NATH SON OF SHRI SHYAM BIHARI LAL, RESIDENT OF VILLAGE-MORWANISA, P.O. KAYAMNAGAR, TRIGHA, DISTRICT- BHOJPUR, ARRAH AT PRESENT RESIDE AT SADAR BAJAR CANTT. DISTT. FAIJABAD, UTTAR PRADESH --- PETITIONER. Versus 1. THE UNION OF INDIA, THROUGH THE SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, NEW DELHI. 2. UNDER SECRETARY, GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS FREEDOM FIGHTER DIVISION, JAISALMER HOUSE, MAN SINGH ROAD, NEW DELHI. 3. THE DIRECTOR-CUM-JOINT SECRETARY, HOME (SPECIAL), DEPARTMENT, GOVT. OF BIHAR,PATNA – RESPONDENTS. ----------- For the petitioner : Mr. Ahsanuddin Amanullah, Advocate. For the State : Mr. Swapnil Kumar Singh, A.C. to A.A.G. II. For the Union of India : Mr. Sarvadeo Singh, C.G.C. ------- 8/ 31-03-2011 It appears that a letter, written by the petitioner to Hon’ble the Chief Justice of this Court, was treated as a writ petition, giving rise to the present proceeding. 2. The grievance of the petitioner is that though freedom fighter pension was granted in his favour by the Government of India by an order dated 26th August, 1986 and portion of the aforesaid pension payable by the Government of India has been paid to him, but the portion of the pension, payable by the State Government, was not being paid to him for any valid justification. 3. In compliance of the orders passed by this 2 Court on previous occasion, counter affidavits have been filed by respondent no.1 and 2 as also the respondent- District Magistrate, Bhojpur, separately. In paragraph-3 of the counter-affidavit filed on behalf of Union of India, it has been categorically stated that the petitioner has already been granted Central Government pension w.e.f. 01.07. 1986 vide order no. CZ/114/53603/81-FF (Bihar) dated 26.08.1986. It has further been stated that no grievance has been raised by the petitioner against the Union of India and its authorities, rather the grievances have been raised only against the State Government and its functionaries. 4. In the counter-affidavit filed on behalf of respondent- District Magistrate, Bhojpur also it has been stated that steps were taken by the then D.M. for payment of special allowance and medical allowance to the petitioner by a letter dated 29.06.1991. A request was made by a letter dated 16.12.1992 to the Under Secretary, Ministry of Home, Government of India, to provide a copy of letter dated 26.08.1986 sanctioning the freedom fighter pension in favour of the petitioner. Subsequently, on the basis of direction issued by the State Government by a letter dated 04.01.2008 issued by the Joint Secretary, Department of Home, Government of Bihar, Patna, amount payable by the State Government 3 to the petitioner w.e.f. 01.07.1986 has been sanctioned by an order dated 30.01.2008 and pension has been directed to be paid to him with effect from 01.07.1986 till date. In the light of the aforesaid order, the S.D.O., Bhojpur was directed to take action for payment of freedom fighter pension to the petitioner to the extent payable by the State Government. 5. Subsequently, a supplementary counter- affidavit has been filed on behalf of the District Matistrate, Bhojpur on 27.06.2008, wherein it has been stated that the arrears of freedom fighter pension to the extent payable by the State Government to the petitioner has been calculated w.e.f. 01.07.1986 till 31.03.2008 and total amount comes to Rs. 1,16,170/-. Sanction order has been brought on record as Annexure-A to the aforesaid supplementary counter-affidavit. However, it has further been stated that now the petitioner, as reported by the postal peon, is dead and in that background, steps are being taken for verification of his death as also about the legal heirs of the writ petitioner and after such verification, the payment shall be immediately made. 6. Since the present writ petition is based on a letter written by the petitioner and he is being represented by a lawyer provided by the Patna High 4 Court Legal Services Committee, therefore, learned counsel is not in a position to vouchsafe about correctness or otherwise of the death of the petitioner or to file a substitution petition, in case of his death, substituting the legal heirs and representatives of the writ petitioner. 7. In the second supplementary counter- affidavit filed on 16.10.2008 on behalf of the District Magistrate, Bhojpur, it has been stated in paragraph no. 3 and 4 that one Smt. Kalawati Devi has filed a petition, which was received in the office of District Magistrate, Bhojpur on 21.05.2008, wherein she has claimed that she being the widow of the writ petitioner, is his legal heir and representative. It has further been stated in that petition that the petitioner has died on 16.03.2008. 8. In the aforesaid factual backdrop, the writ petition is disposed of with a direction to the District Magistrate, Bhojpur as also to the S.D.O., Sadar, Ara to ensure payment of freedom fighter pension payable by the State Government to the petitioner between the period from 01.07.1986 to 16.03.2008, when he is said to have died, on proper verification either to the widow or his other legal heirs/representatives within a period of three months. It is expected that the aforesaid authorities shall take all possible steps in right earnest for payment 5 of the dues to the legal heirs/representatives of the original petitioner within the time prescribed. Let a copy of this order be handed over to the learned counsel for the petitioner and Mr. Sarvadeo Singh, learned C.G.C. for its communication to the concerned authorities. BTiwary/ (Birendra Prasad Verma, J.)