IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.1224 OF 2007 KISHORI DEVI W/O LATE SHAILESHWAR JHA, SARAUNI, BIHARIGANJ, MADHEPURA. VERSUS 1. THE UNION OF INDIA 2. THE JOINT SECY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, N.DELHI. 3. THE DY SECY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, N DELHI 4. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE MADHEPURA 5. THE DEPUTY COLLECTOR IN CHARGE, MADHEPURA 6. THE TREASURY OFFICER, MADHEPURA 7. THE S.D.O., UDAKISHUNGANJ & 8. THE BDO, GWALPARA BLOCK, MADHEPURA. ----------- 2 22.12.2009. Heard learned counsel for the parties. The petitioner is aggrieved by order of the Collector, Madhepura by which quantum of dependant family pension of Rs. 6000/- per month being paid to her, has been reduced to Rs.3000/- per month with effect from December, 2006. The petitioner submits that she is only legally wedded wife and nominee of her husband. Furthermore, from the very next day of death of her husband late Shaileshwar Jha on 12.5.1998, she was getting dependant family pension from Ministry of Home Affairs. Her husband was getting ‘Swatantrata Senani Samman’ pension with effect from 19.1.1983, after due verification and necessary enquiry. One Rambha Devi claiming to be wife of late Shaileshwar Jha had filed an application before the District Administration for apportionment of freedom fighter pension, allowed earlier to the petitioner vide letter dated 15.3.2001, annexure 8. The In charge Dy- collector refused to pass any positive order on the ground that except for the petitioner, there was no mentioning of his any other wife/ nominee in the documents created during life of late Jha and if there is otherwise, then the same must be decided by competent civil court. Said Rambha - 2 - Devi thus filed C.W.J.C.No. 15768/01 for getting share in the family pension under the Freedom fighters Family pension scheme claiming herself to be the 2nd wife of Sri Jha married in the year, 1954 which was allowed by this Court vide order dated 18.4.2002 with following observations:- It is hereby directed that on production of a copy of this order, the concerned competent officer shall make an enquiry into the allegations of the petitioner and if occasion arises shall give proper opportunity of leading evidence to the petitioner to prove the marriage, in accordance with law. If ultimately the authorities come to the conclusion that the petitioner is a legally wedded wife of the deceased pensioner, then necessary recommendation shall be made by the concerned officer in favour of the petitioner to the Union of India. It is expected of the State officer that the enquiry shall be completed within four months from the date of submission of a copy of this order. Learned State counsel submits that pursuant to order dated 18.4.2002 an enquiry had been made in regard to marriage of Rambha Devi with Sri Jha. The enquiry revealed that she was his 2nd wife, having been married in the year 1954. Thus taking into consideration the aforesaid aspect, the dependent family pension has been apportioned and made available to her also. In the facts of the case, I am not inclined to pass any positive order. The petitioner may file a fresh representation before respondent number 3, who would dispose of the same in accordance with law after giving hearing to the parties concerned on notice. The writ petition stands disposed of with the aforesaid directions. Shashi. (Samarendra Pratap Singh,J.)