IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15064 of 2008 Fuleshwar Devi wife of late Brahmdeo Thakur, resident of Village Kamtaul, P.S.- Kamtaul, District- Darbhanga. Versus 1. The State Of Bihar 2. The Director-Cum-Deputy Secretary, Home (Special) Department of Freedom Fighter Directorate, Patna. 3. The under Secretary, Home (Special) Depasrtment, Bihar, Patna. 4. The Union of India through the Deputy Secretary, Home Department, Freedom Fighter Pension Cell, Lok Nayak Bhawan, Khan Markit, New Delhi. 5. The Under Secretary, Govt. of India, Ministry of Home Affairs, Lok Nayak Bhawan, Khan Markit, New Delhi. 6. The Collector, Darbhanga. ----------- 2 18.08.2011 The present writ application has been filed for restoration of the freedom fighter samman pension of the petitioner which was sanctioned to the petitioner in the year 1997 vide PPO. No. MHAFF9703037 dated 16.07.1997. The prayer has also been made for payment of the arrears. It appears that on 11th of September, 2003 the Under Secretary, Ministry of Home Affairs, Government of India stayed the further payment of pension of the petitioner, as contained in Annexure-5, on the ground that the certificate issued by Sri Kapildeo Thakur in favour of Brahmdeo Thakur with regard to his absconding since 15.09.1942 to 10.08.1943 has been found to be forged and 2 the petitioner was asked to file a show cause before the State Government. The petitioner filed a show cause on 10.10.2003 and the case of the petitioner was enquired by the District Administration when after enquiry, the Collector, Darbhanga sent a report to the State Government Authorities that the certificate, issued by Sri Kapildeo Thakur has been found to be genuine and recommended for further continuation of pension of the petitioner. On the basis of the same, the letter was transmitted to Deputy Secretary, Home Ministry, Govt. of India by the State Government on 14.09.2006, as contained in Annexure-10 to the writ application, this stand of the State Government has been reiterated in its counter affidavit, whereas from Annexure- A-7 of the counter affidavit filed by the Union of India, it appears that said letter no. 18886/92 dated 14.09.2006 is not available with the authorities of Central Government whereby the restoration of the pension of the petitioner has been recommended by the State Government, hence a request was made to transmit the same to enable the Ministry to take a decision in this case. 3 Considering the aforesaid stand of the parties, let the State of Bihar transmit the letter of recommendation of the restoration of the pension of the petitioner dated 14.09.2006 to the Home Ministry, Govt. of India within a period of four weeks, thereafter, let the respondent Union of India decide the claim of the petitioner within further period of four weeks and if the claim of the petitioner is decided in his favour then the petitioner’s pension not only be restored forthwith but also the arrears be paid within a period of two months of the passing of the order by the concerned authority of the Home Ministry, Govt. of India. With the above observation, this writ application is disposed off. Amrendra/ ( Dinesh Kumar Singh, J)