IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16626 of 2009 1. AMBIKA SINGH S/O LATE GANESHI SINGH R/O VILL.- KOCHHASA, P.S.- KARPI, P.O.- IMAMGANJ, DISTT.- ARWAL Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 2. THE JOINT SECRETARY, GOVT. OF INDIA MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, LOK NAYAK BHAWAN, NEW DELHI 3. THE DEPUTY SECRETARY, GOVT. OF INDIA MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 4. THE UNDER SECRETARY, GOVT. OF INDIA MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI ----------- 02. 07.12.2010 Heard learned counsel for the petitioner and for the Union of India. The petitioner seeks a mandamus for restoration and resumption of his Freedom Fighter Samman Pension sanctioned on 1.8.1980, alleging that it has been stopped since the year 2001 on a false and frivolous complaint. Learned counsel for the petitioner submits that under a suo motu proceeding by a Division Bench of this Court and in pursuance of an order dated 14.11.2008, passed therein 46 cases including that of the petitioner went under scrutiny. Notwithstanding, the fact that more than one enquiry has been held with regard to the age of the petitioner which justifies the grant of Freedom Fighter pension to the petitioner from 1.8.1990, the matter remains pending with the Union 2 of India without any final decision. Learned counsel for the Union of India invites the attention of the Court to the letter dated 13.1.2001 from the State Government that since the matter is under examination by the State Government, the Union of India had only suspended payment. No sooner that the enquiry reports are received from the State of Bihar, it shall take an appropriate decision in the matter. Unfortunately, the State Government is not a party respondent. Nonetheless, learned counsel for the petitioner points out from Annexure-4 dated 8.8.2006, the report of the Secretary, Special (Home) of the State Government and Annexure-12 series dated 1.7.2009 by the Block Agriculture Officer, Karpi at Jehanabad and the report of the B.D.O. dated 28.3.2009 with regard to the age of the petitioner, the Union of India can take a decision after cross- verification of the correctness of the report from the State Government. Let the petitioner file a representation before the Union of India, in the Department of Home along with the aforesaid enquiry reports referred to in the present order. The Union of India shall then cross check and verify the correctness of the report from the 3 State Government which is directed to respond within a maximum period of one month from the date that the Union of India sends the query to the State Government. In this manner, let the Union of India take a final decision on the issue of the Freedom Fighter pension to the petitioner within a maximum period of three months from the date of receipt/production of a copy of this order before him. Needless to state that, if the respondents find justification in the claim, or in any part of the claim, the necessary consequential payments including arrears shall be directed simultaneously. The application stands disposed. P.K. ( Navin Sinha, J.)