Patna High Court
Bipin Bihari Singh vs The Union Of India And Ors on 30 January, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3451 of 2014
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Bipin Bihari Singh Son Of Late Ram Naresh Singh Resident Of Village -
Jagnnath Ram Lane, Jogsar, P.S. - Kotwali, District - Bhagalpur
... ... Petitioner/s
Versus
1. The Union Of India through the Secretary, Ministry of Home Affairs,
Government of India, New Delhi.
2. The Under Secretary, Govt. Of India, Ministry Of Home Affairs/Grih
Mantralaya (F.F.R. Division) 1st Floor, Lok Nayan Bhawan, Khan Market,
New Delhi.
3. The Joint Secretary, Ministry Of Home Affairs, Govt. Of India New Delhi
4. The Controller Of Accounts Pension And Misc. Ministry Of Home Affairs,
Block No. 10, Lane No. 1 and 2 Jam Nagar House, New Delhi
5. The Pay And Sr. Accounts Officer, Central Pension, Accounting Officer
Ministry Of Finance Trilok -II, Complex Bhikaji Gama Place, New Delhi
6. The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna
7. The Home Secretary, Govt. Of Bihar, Patna
8. The Addl. Secretary Home (Spl.) Department Govt. Of Bihar, Patna
9. The District Magistrate Bhagalpur
10. The District Magistrate Banka
11. The Treasury Officer Banka
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam, Advocate
Mr. Sanjeev Kumar, Advocate
For the State : Mr. Sanjay Kumar, AC to SC-8
For the UOI : Mr. Awadhesh Kumar Pandey, Sr. C.G.C.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 30-01-2025
Heard Mr. Abhijeet Gautam, learned counsel for
the petitioner, Mr. Sanjay Kumar, learned counsel for the State
as well as Mr. Awadhesh Kumar Pandey, learned senior Central
Government counsel appearing on behalf of the Union of India.
2. The present writ petition has been filed for the
Patna High Court CWJC No. 3451 of 2014 dt.30-01-2025
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following reliefs;
(i) to quash the order contained in letter no.
CW/114/B/497/98 F.F. Bihar dt. 25.10.2013
issued from Freedom Fighter Division,
Ministry of Home Affairs, Government of
India, whereby and whereunder "Swatantrata
Sainik Samman" pension to petitioner which
stood suspended effect from 20.03.2007 was
cancelled.
(ii) To further quash the consequential
order contained in letter no. PAO/P &
M/MHA/FF-321/544-47 dt. 04.11.2013 issued
by Pay and Accounts Office, Ministry of Home
Government of India whereby and whereunder
order to recover the amount of said pension
drawn by petitioner from the date of sanction
till the date of suspension having given to
concern authority.
(iii) To stay the order passed by the concerned
respondent authority for recovery of the
Pension already drawn by petitioner during
pendency of the writ petition.
(iv) For any other relief/reliefs for which
petitioner may be entitled in the present facts
in the present case.
3. Learned counsel for the petitioner submits that
Government of India, Ministry of Home Affairs introduced a
Patna High Court CWJC No. 3451 of 2014 dt.30-01-2025
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scheme to provide "Samman" to living freedom fighters. The
scheme known as Freedom Fighter Pension Scheme, 1972. The
Government of Indian issued certain guidelines for those who
have not having any certificate of their sufferings of Jail
custody, or abscondance for the reason the records were not
available in jail or in District office authorising known freedom
fighters to issue certificate of their co-participants was directed
to be accepted in absence of the documentary evidence available
in jail or district office. The petitioner applied for the pension
under the aforesaid scheme with the relevant documents
available with the petitioner. The case of the petitioner was
considered by the State Consultant Committee on 21/22.2.89
and the claim of the petitioner under the Freedom Fighter
Pension Scheme, 1972 was sent way back on 09.07.1989 to the
respondent no.2 (The Under Secretary, Govt. Of India, Ministry
Of Home Affairs/Grih Mantralaya (F.F.R. Division). Pursuant to
the aforesaid order, the respondent no.2 has made certain query
with respect to the claim of the petitioner to the State
Government. The proposal of the petitioner was resubmitted to
the respondent no.2 by the State Authority of Bihar.
4. Learned counsel for the petitioner further
submits that the matter of the petitioner was remained pending
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since, 1989, the petitioner has filed a representation before the
respondent no.8, annexing the order dated 07.04.1944 passed in
Amarpur P.S. Case No. 59 of 1942, G.R. Case No. 205/42 in
which the name of the petitioner was find place at serial no. 57.
The said representation of the petitioner was forwarded by
respondent no.8 to respondent no.2 on 05.06.1995. On
07.11.1996
, the petitioner was allowed pension on temporary
basis thereafter the Pension Payment Order (PPO) was issued in
favour of the petitioner and S.B.I., Bhagalpur Branch was
authorised to make monthly amount to the petitioner of Rs.
1500/- per month.
5. Learned counsel for the petitioner submits
that the respondent no.2 issued a letter dated 20.03.2007 stating
therein that the Central Samman Pension Under Swatantrata
Sainik Samman Pension Scheme, 1980 was sanctioned to the
petitioner on provisional basis w.e.f. 20.09.1997. The claim of
the petitioner was based upon the document produced in support
of claimed under ground suffering. The claim was re-examined
because the claim of one Shri Ramanand Singh was suspended
earlier, whose claim was based on the document and some
shortcomings/discrepancies have been noticed. The said
document was not verified by the State Government and there
Patna High Court CWJC No. 3451 of 2014 dt.30-01-2025
was also lacking of specific comments/recommendation on
behalf of the State Government/competent authority. Pursuant to
the order dt. 20.03.2007 the pension of the petitioner was
stopped w.e.f. 12.04.2007 by the Bank. Aggrieved by the action
of the respondents, the petitioner has challenged the aforesaid in
C.W.J.C. No. 8131 of 2007, the same was disposed of vide order
dated 07.08.2012, with the direction to the respondent authority,
to reconsider the case of the petitioner, and to take final stand
within a period of three months from the date of production or
communication of a copy of this order. The aforesaid order was
not complied with by the authorities concerned then the
petitioner filed a Contempt Petition M.J.C. No. 4156 of 2013.
During the pendency of the Contempt Petition the respondents
have passed the order dated 25.10.2013 which was passed on
the recommendation of the District Magistrate, Banka. The
authority concerned has not taken cognizance of the records of
G.R. Case No. 205/1942 and without verifying the same has
passed the impugned order.
6. A counter affidavit has been filed on behalf
of the State of Bihar stating therein that the State Government is
only a recommending authority under the scheme, The Union
Government is the final authority to grant or cancel the pension
Patna High Court CWJC No. 3451 of 2014 dt.30-01-2025
to any person under the scheme. The State Government has very
limited role in implementation of the claim. In fact, the
petitioner has submitted his application for granting the SSS
pension under the scheme. The claim of the petitioner for
pension was based on under ground suffering from 25.09.1942
to 07.12.1943. The claim of the petitioner was based on
documents G.R. No. 205/1942 which the petitioner has
annexed/produced in support of his claim.
7. Learned counsel for the State further submits
that in compliance of the order dt. 07.08.2012 passed in
C.W.J.C. No. 8131/2007, the Ministry of Home Affairs,
Government of India vide letter dt. 16.04.2013 enclosed a copy
of the reply to show cause submitted by the petitioner and
requested the State Government to expedite their
report/recommendation to enable the Ministry to implement the
judgment of the Hon'ble Court. The State authority vide letter
no. 271 dt. 14.05.2013 requested the District Magistrate, Banka
to make available the enquiry report in the matter in the light of
said letter and reply to show cause submitted by the petitioner.
The District Magistrate, Banka sent his enquiry report vide letter
no. 657 dated 22.07.2013 stating therein that letter no. 939 dt.
09.03.1993 said to have been issued by the District Magistrate,
Patna High Court CWJC No. 3451 of 2014 dt.30-01-2025
Banka and addressed to Deputy Secretary, Home (Special)
Department, Patna is forged one and opined that the claim of the
petitioner is not maintainable and after receiving the enquiry
report from the District Magistrate, Banka, the State authority
has sent the same to the Ministry of Home Affairs to take final
decision in the present matter. On the basis of the report of the
State Government, the Government of India has passed the
order.
8. Having heard the learned counsel for the
parties and perused the materials available on the record, it
appears that the Government of India after due verification of
the documents submitted by the petitioner and in light of the
report of the District Magistrate, Banka has taken the decision
that the petitioner is not entitled for grant of pension under the
Scheme.
9. In view of the aforesaid, there is no merit in
the writ petition. It is accordingly dismissed.
(Rajesh Kumar Verma, J)
ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.02.2025
Transmission Date NA
