Delhi High Court

Rajdhar Jha vs Uoi And Ors on 13 March, 2013

Author: Valmiki J. Mehta

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                   W.P.(C) No. 3446/2010 & conn.
%                                                                       13th March, 2013


+        W.P.(C) 3446/2010


         RAJDHAR JHA                                   ..... Petitioner
                                    Through : Mr. I.C. Mishra and Ms.Swati
                                    Chakraborty, Advocates.

                           versus


         UOI AND ORS                                 ..... Respondent

Through : Ms. Richa Kapoor, Advocate for R1.

+        W.P.(C) 3448/2010


         BAIDYANATH MAHTO                                            ..... Petitioner
                                    Through : Mr. I.C. Mishra and Ms.Swati
                                    Chakraborty, Advocates.



                           versus


         UOI AND ORS                                 ..... Respondent
                                    Through : Mr. Dinesh Sharma and Mr. Sachin
                                    Datta, Advocates of UOI.
                                    Through Mr. Anant Sharma, Adv. for R3.




 +        W.P.(C) 3450/2010


         RADHA DEVI                                  ..... Petitioner
                                    Through : Mr. I.C. Mishra and Ms.Swati
                                    Chakraborty, Advocates.



                           versus


         UOI AND ORS                                 ..... Respondent
                                    Through Mr. B.V. Niren, Adv. for R1.


+        W.P.(C) 3987/2010

         KISAN MAHTO AND ANR                  ..... Petitioner
                      Through : Mr. I.C. Mishra and Ms.Swati
                      Chakraborty, Advocates.


                           versus

         UOI AND ORS                           ..... Respondent
                                    Through : Mr. Rajesh Katyal, Adv.

+        W.P.(C) 3998/2010

         SITA RAM MAHTO AND ANR               ..... Petitioner
                      Through : Mr. I.C. Mishra and Ms.Swati
                      Chakraborty, Advocates.


                           versus





          UOI AND ORS                           ..... Respondent

Through : Mr. Mohd. Saqib, Adv. for R1/UOI.

Mr. Anant Sharma, Adv. for R3.

+        W.P.(C) 7771/2011

         RAM KHELAWAN MAHTO                 ..... Petitioner
                    Through : Mr. I.C. Mishra and Ms.Swati
                    Chakraborty, Advocates.

                           versus

         UNION OF INDIA & OTHERS                  ..... Respondent
                       Through : Mr. B.V. Niren, CGSC for R1/UOI.


CORAM:
HON'BLE MR. JUSTICE VALMIKI J. MEHTA
To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

CM 3132/2013 (Section 151 CPC) in W.P.(C) 3446/2010 There is no opposition to the application. The same is allowed and

disposed of.

W.P.(C) 3446/2010

1. By this writ petition, the petitioner prays for pension in terms of

Swatantra Sainik Samman Pension Scheme, 1980-81.

2. As per the Scheme, the concerned department of Union of India,

which has to make the payment of the pension had written to the State

Government for verification.

3. The records of this case show that the petitioner's case was

recommended by the State Government, however, the Union of India, vide

its order dated 20.08.2010, rejected the claim.

4. Learned counsel for the petitioner has drawn my attention to an order

dated 15.07.2008, passed by the learned Judge of this Court in case of

Sukhdeo Mahto Vs. UOI in W.P.(C) No. 19526/2005, which records that

the Union of India has given the Swatantra Sainik Samman Pension to Sh.

Sukhdeo Mahto.

5. Counsel for the petitioner states that the petitioner is similarly situated

to Sukhdeo Mahto because Sukhdeo Mahto is shown as one of the persons

in GR Case No. 822/1942 and the petitioner is also one of the various other

persons as shown in the same GR No. 822/1942.

6. I have an occasion to consider a similar aspect in two cases being

Bhola Jha V. UOI and Biltu Roy and Anr. V. UOI& Ors., being W.P.(C)

No. 3453/2010 and W.P.(C) No. 4344/2010, decided on 16.1.2013 wherein,

following the judgment of Division Bench of this court in LPA No.

372/2012, titled as Sh. Sukhai Thakur V. UOI & Ors. decided on

02.11.2012, I had allowed the writ petitions and granted, Swatantra Sainik

Samman Pension on the ground that once persons in a particular GR are

granted Swatantra Sainik Samman Pension, then other persons in the same

GR also have to be granted Swatantra Sainik Samman Pension.

7. Therefore, adopting the ratio in the judgments in the cases of Bhola

Jha V. UOI (supra) and Biltu Roy and Anr. V. UOI & Ors. (supra), this

petition is also allowed inasmuch as the petitioner is also one of the persons

shown in GR Case No. 822/1942 and the authenticity of which GR is not

disputed by the State of Bihar.

8. The writ petition is allowed. The petitioner be granted the pension

under the Swatantra Sainik Samman Pension Scheme, 1980--81 in

accordance with law. In case, the pension scheme contemplates grant of

pension from the day of making of the application, petitioner will be granted

the same from the day of making of application inasmuch as the petitioner

had made application way back in the year 1981 and delay of the

respondents to dispose of the application till 2010 cannot mean that the

petitioner, who is otherwise entitled to the Swatantra Sainik Samman

Pension will not be granted the pension in accordance with law as per the

Scheme.

9. Arrears of pension be released to the petitioner within a period of

three months from today. Petitioner thereafter be paid further pension in

accordance with the Scheme.

10. The writ petition is allowed and disposed of with the above said

observations.

W.P.(C) 3448/2010

1. Adopting the reasoning given above in W.P.(C) 3446/2010, this writ

petition is allowed inasmuch as, the petitioner is one of the persons shown in

GR Case No. 881/1942 and five other persons in the same GR namely Sh.

Badair Sahu, Sh. Mohan Das, Smt. Fullo Devi, Sh. Bhokar Mahto and Sh.

Dasrath Mishra have already been granted pension by the Authorities. The

petitioner thus is entitled to be granted the pension under the Swatantra

Sainik Samman Pension Scheme 1980--81 in accordance with law and is

ordered accordingly. In case, the pension scheme contemplates grant of

pension from the day of making of the application, petitioner will be granted

the same from the day of making of application inasmuch as the petitioner

had made application way back in the year 1981 and delay of the

respondents to dispose of the application till 2010 cannot mean that the

petitioner, who is otherwise entitled to the Swatantra Sainik Samman

Pension will not be granted the pension in accordance with law as per the

Scheme.

2. Arrears of pension be released to the petitioner within a period of

three months from today. Petitioner thereafter be paid further pension in

accordance with the Scheme.

3. The writ petition is allowed and disposed of with the above said

observations.

W.P.(C) 3450/2010

1. The costs imposed vide order dated 04.12.2012 are waived of as

agreed by the learned counsel for the petitioner.

2. Adopting the reasoning given above in W.P.(C) No.3446/2010, this

writ petition is allowed and petitioner will be granted Swatantra Sainik

Samman Pension as a dependent of Sh. Kisun Mahto, within a period of

three months from today and petitioner will also be paid further pension in

terms of the said Scheme in accordance with law. In case, the pension

scheme contemplates grant of pension from the day of making of the

application, petitioner will be granted the same from the day of making of

application inasmuch as the petitioner's husband had made application way

back in the year 1981 and delay of the respondents to dispose of the

application till 2010 cannot mean that the petitioner, who is otherwise

entitled to the Swatantra Sainik Samman Pension will not be granted the

pension in accordance with law as per the Scheme.

3. Arrears of pension be released to the petitioner within a period of

three months from today. Petitioner thereafter be paid further pension in

accordance with the Scheme.

4. The writ petition is allowed and disposed of with the above said

observations.

W.P.(C) 3987/2010

1. Adopting the reasoning given above in W.P.(C) No.3446/2010, this

writ petition is allowed and petitioner will be granted Swatantra Sainik

Samman Pension within a period of three months from today and will also

be paid further pension in terms of the said Scheme in accordance with law.

In case, the pension scheme contemplates grant of pension from the day of

making of the application, petitioner will be granted the same from the day

of making of application inasmuch as the petitioner had made application

way back in the year 1981 and delay of the respondents to dispose of the

application till 2010 cannot mean that the petitioner, who is otherwise

entitled to the Swatantra Sainik Samman Pension will not be granted the

pension in accordance with law as per the Scheme.

2. Arrears of pension be released to the petitioner within a period of

three months from today. Petitioner thereafter be paid further pension in

accordance with the Scheme.

3. The writ petition is allowed and disposed of with the above said

observations.

W.P.(C) 3998/2010