CWP No.13021 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13021 of 2009 Date of Decision: 13.10.2010 **** Shinder Kaur ... Petitioner VS. State of Punjab & Ors. …Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. AK Walia, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab Mr. RK Chugh, CGSC for respondent No.3 ***** SURYA KANT J. (ORAL) (1). This case is yet another example of adopting casual approach by the Ministry of Home Affairs, Freedom Fighter Division, Government of India in a matter of releasing the Freedom Fighters’ Pension. (2). Suffice it to mention that the Government of Punjab verified the claim of Sh. Gurmukh Singh for the grant of “Swatantrata Sainik Samman Pension” and having found the same to be genuine, it granted the State Pension to him w.e.f. 16th July, 1991 CWP No.13021 of 2009.doc - 2 – (Annexure P1). Sh. Gurnam Singh unfortunately passed away on 1st June 2007 and his wife, namely, the petitioner was granted ‘family pension’ on 3rd March, 2008 (Annexure R1). (3). It is the categoric stand of the Punjab Government in its reply/affidavit that soon after granting the State Pension, the case of Gurmukh Singh was forwarded along with record to the Central Government (respondent No.3) for the grant of Central pension. Similarly, the petitioner’s claim for the grant of ‘family pension’ was also forwarded to the Central Government for necessary sanction after the death of Gurmukh Singh. (4). However, in their reply/affidavit filed today in Court, the Under Secretary to Government of India, Ministry of Home Affairs has completely disowned and denied the receipt of any such record/references. Rather, it is averred that as soon as the petitioner’s claim forwarded by the State of Punjab would be received, the Union of India shall grant the necessary Pensions to her immediately. (5). Though it is hard to believe that the Central Government did not receive the CWP No.13021 of 2009.doc - 3 – recommendations/record sent by the State of Punjab, especially when the deceased Freedom Fighter as well as the petitioner have been persistently representing the Central authorities, however, without going into the said controversy, I deem it appropriate to dispose of this writ petition with a direction to the State of Punjab to forward another set of the documents/records/recommendations along with the a copy of fact-finding enquiry, if any conducted, to the Central Government preferably by way of a ‘Special Messenger’ within a period of one month from the date of receipt of a certified copy of this order and upon receipt thereof the Union of India shall do the needful within a period of two months thereafter keeping in view the observations already made by this Court in Kartar Singh v. Union of India & Ors., 2006(2) RSJ 669. (6). A compliance affidavit to this effect shall also be filed by the Freedom Fighter’s Division of the Ministry of Home Affairs, Government of India before this Court. (7). Ordered accordingly. Dasti. 13.10.2010 vishal shonkar (SURYA KANT) JUDGE CWP No.13021 of 2009.doc - 4 –