IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2621 of 2010
1. SMT. SARSWATI DEVI W/O LATE RAJENDRA THAKUR R/O
VILL.- GORAI, P.S.- CHAKMEHESHI, DISTT.- SAMASTIPUR
Versus
1. THE UNION OF INDIA THROUGH SECRETARY null HOME
MINISTRY, NEW DELHI
2. THE STATE OF BIHAR THROUGH SECRETARY HOME
DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
3. DISTRICT MAGISTRATE SAMASTIPUR
4. ANCHAL ADHIKARI KALYANPUR ANCHAL, DISTT.-
SAMASTIPUR
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For the Petitioner :- Mr. N. K. Verma, Adv.
For the Union of India :- Mr. Binay Kr. Pandey, Adv.
For the State:- A.C. to G.A.-4.
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4. 29.11.2010 Heard learned counsel for the petitioner
and the Union of India.
The petitioner is stated to be the widow of
late Shri Rajendra Thakur who was drawing
Freedom Fighter pension in his life time and has
been deceased on 11.2.2009. It is submitted that
the deceased drew family pension till 11.2.2009. The
petitioner has represented for grant of family pension
on 29.3.2009 which has not been granted.
Learned counsel for the Union of India
invites the attention of the Court to Annexure-A/6 to
the counter affidavit and submits that on 1.10.2004
in the life time of the deceased show cause notice
had been issued to him and on receipt of his reply on
21.10.2004 the comment of the State Government
has been asked for and which is still awaited. The
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pension of the deceased was directed to be stopped
from 1.10.2004. In view of the assertions made in
the writ petition further details has been sought from
the State Government on all aspects by letter dated
10.9.2010.
Let the State of Bihar answer the queries
of the Union of India as raised in the latters letter
dated 10.9.2010 within a maximum period of six
weeks from the date of receipt and/or presentation of
a copy of this order before it. The Union of India is
then expected to take a final decision in the matter
within another maximum period of six weeks from
the date that the reply of the State of Bihar is
received.
It is expected that the State of Bihar and
the Union of India shall adequately furnish materials
to the petitioner on which aspect they rely and if
they proposes to arrive at a finding adverse to the
petitioner.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)