IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8506 of 2008 Most. Lakhpati Devi, Widow of Late Panna Lal Gupta, Resident of Village & P.O. Arwal, P.S. Arwal, District Arwal. ------ Petitioner. Versus 1. The Union of India, through the Chief Secretary, Government of India, Central Secretariat, New Delhi. 2. Under Secretary, Government of India, Ministry of Home Affairs, Freedom Fighter Division, Lok Nayak Bhawan, Khan Market, New Delhi. 3. The State of Bihar through the Under Secretary, Freedom Fighter Division, Home Ministry, Old Secretariat, Patna. ----- Respondents. For the petitioner : Mr. Sunil Kr. Srivastava, Advocate For the Union of India: Mr. Sanjay Kr. Pandey (C.G.C) For the State : Mr. Shashi Bhushan Kumar, S.C. 7 ----------- 5 15.11.2011 Heard the parties. The petitioner is the wife of the freedom fighter and is claiming that her husband had been granted pension so she could receive the benefit of family pension. The petitioner applied for grant of pension as a freedom fighter in the year 1974. In 1977, the District Magistrate, Gaya recommended the matter and it was sent to the State Government for verification. Learned counsel for the petitioner submits that the State Government duly verified all the documents and forwarded the documents vide Annexure-10 to the Government of India on 14.10.1982. The State Government by order dated 19.5.1986 rejected the case of the petitioner on the ground that the petitioner’s 2 husband had not remained in incarceration for a period of six months. Learned counsel for the petitioner submits that the petitioner kept writing to the concerned authorities to reconsider the matter but with no effect. Finally sometime in the year 2000, the petitioner’s husband filed a case before the consumer forum. The Union of India filed their affidavit stating therein that it was not maintainable as a result of which it was dismissed. The petitioner’s husband died in the year 2005. This writ application is now being filed by his wife in the year 2008. Learned counsel for the petitioner submits that the reason for rejecting the claim of the petitioner are misplaced and is contrary to the records sent by the State Government. It is submitted that Annexure-17 dated 15.5.1978 to the interlocutory application would indicate that the petitioner had remained in custody from 4.10.1942 to 30.4.1943. He was earlier lodged in Jehanabad Jail and thereafter was shifted to Patna Camp Jail. Subsequently it appears that he escaped from the jail at Patna. It is, therefore, submitted that this 3 Court should intervene in the matter and take a lenient view and remand the matter back to the Union of India for reconsideration. It has been argued by the counsel for the Union of India that the petitioner’s husband in his life time took no steps to move this Court for grant of freedom fighters pension although he had ample opportunity to do so. Three years after his death, his wife has come to this Court and as such, this Court should dismiss this case on the ground of delay and laches. In the facts of this case, since the petitioner’s husband application was rejected in 1986, this Court finds that she cannot avail the benefit of receiving family pension, as the paty aggrieved has moved this Court after a lapse of more than 20 years. This writ application is thus, dismissed. Sanjay (Sheema Ali Khan, J.)