Shubhawati Devi vs Union Of India
2023 Latest Caselaw 2421 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 27578 of 2022
 

 
Petitioner :- Shubhawati Devi
 
Respondent :- Union of India
 
Counsel for Petitioner :- Jitendra Kumar Chakraborty
 
Counsel for Respondent :- A.S.G.I.,Seema Singh
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner and Ms. Seema Singh for the respondent.

This writ petition has been filed praying for the following reliefs:-

"i. a writ, order or direction in the nature of certiorari for quashing the impugned order dated 11.02.2022 passed by the respondent (contained in Annexure no. 1 to this writ petition) by means of which the representation dated 29.8.2017 with prayer for granting the freedom fighters dependent pension has been rejected.

II. a writ, order or direction in the nature of mandamus for commanding the respondent to immediately make payment of the freedom fighters dependent pension to the petitioner including the entire arrears with interest."

Case set up by the petitioner is that despite judgment dated 15.9.2021 in Civil Appeal No.43 of 2018 ( Subhawati Devi Vs. Union of India, Ministry of Home Affairs, Loknayak Bhavan, Khan Market, New Delhi) and the decree passed, the respondent is not paying pension to the petitioner being widow of the freedom fighter Ram Dev.

Since there is a decree in favour of the petitioner, therefore, proper course for the petitioner is to file an execution case.

In view of the aforesaid, we dispose of this writ petition giving liberty to the petitioner to file an execution case, in accordance with law.

Order Date :- 23.1.2023

n.u.