Shakuntala Devi & Ors. Vs. Union of India & Anr.
EmailAppeal: Writ Petition (Civil) No.652 of 1998
Petitioner: Shakuntala Devi & Ors.
Respondent: Union of India & Anr.
Apeal: Writ Petition (Civil) No.652 of 1998
Judges: A.P. MISRA & D.P. MOHAPATRA, JJ.
Date of Judgment: Apr 13, 2000
Head Note:
CONSTITUTION
Article 32 – Freedom fighter’s pension – Objection that pension not applied on prescribed form – Concession by Union of India to consider, if applied on prescribed form within one month. Held that Petitioners shall apply on prescribed form and State Govt. shall forward its comments in 2 months. Then Union Of India to take decision in 2 months.(Para 3)
JUDGEMENT:
ORDER
1. We are informed that the Petitioner No.4 is dead. Therefore, Writ Petition against Petitioner No.4 is dismissed. The Petitioners seek direction to the Respondent to grant them freedom fighter pension under Central Scheme in view of Annexures ‘A’, ‘B’, ‘C’, and ‘D’.
2. The Respondent, Union of India, raised objection in the coun-ter affidavit that the Petitioners have not applied in the pre-scribed forms before the State Authority for the grant of pension for freedom fighters. It is said that in case if any applica-tion is made in the prescribed form to the State Government within a period of one month from today, the Respondent will con-sider Petitioners’ case in accordance with law.
3. Accordingly, we dispose of this Petition with the direction, if any application is made in the prescribed form by the Petitioners to the State Government within one month from today, the State Government will forward with comments to the Union of India within two months thereafter. The Union of India within two months after the receipt of the aforesaid comments from the State Government, will dispose of Petitioners’ claim in accordance with law.
4. With the aforesaid observation, the Writ Petition stands disposed of.
1. We are informed that the Petitioner No.4 is dead. Therefore, Writ Petition against Petitioner No.4 is dismissed. The Petitioners seek direction to the Respondent to grant them freedom fighter pension under Central Scheme in view of Annexures ‘A’, ‘B’, ‘C’, and ‘D’.
2. The Respondent, Union of India, raised objection in the coun-ter affidavit that the Petitioners have not applied in the pre-scribed forms before the State Authority for the grant of pension for freedom fighters. It is said that in case if any applica-tion is made in the prescribed form to the State Government within a period of one month from today, the Respondent will con-sider Petitioners’ case in accordance with law.
3. Accordingly, we dispose of this Petition with the direction, if any application is made in the prescribed form by the Petitioners to the State Government within one month from today, the State Government will forward with comments to the Union of India within two months thereafter. The Union of India within two months after the receipt of the aforesaid comments from the State Government, will dispose of Petitioners’ claim in accordance with law.
4. With the aforesaid observation, the Writ Petition stands disposed of.
