Full Text
HIGH COURT OF DELHI
W.P.(C) No. 3446/2010 & conn.
13th March, 2013
RAJDHAR JHA ..... Petitioner
Through : Mr. I.C. Mishra and Ms.Swati Chakraborty, Advocates.
Through : Ms. Richa Kapoor, Advocate for R1.
BAIDYANATH MAHTO ..... Petitioner
Through : Mr. I.C. Mishra and Ms.Swati Chakraborty, Advocates.
Through : Mr. Dinesh Sharma and Mr. Sachin Datta, Advocates of UOI.
Through Mr. Anant Sharma, Adv. for R3.
2013:DHC:1379 W.P.(C)s 3446/2010, 3448/2010, 3450/2010, 3987/2010, 3998/2010, 7771/2011
RADHA DEVI ..... Petitioner
Through : Mr. I.C. Mishra and Ms.Swati Chakraborty, Advocates.
Through Mr. B.V. Niren, Adv. for R1.
KISAN MAHTO AND ANR ..... Petitioner
Through : Mr. I.C. Mishra and Ms.Swati Chakraborty, Advocates.
Through : Mr. Rajesh Katyal, Adv.
SITA RAM MAHTO AND ANR ..... Petitioner
Through : Mr. I.C. Mishra and Ms.Swati Chakraborty, Advocates.
UOI AND ORS ..... Respondent
Through : Mr. Mohd. Saqib, Adv. for R1/UOI.
Mr. Anant Sharma, Adv. for R3.
RAM KHELAWAN MAHTO ..... Petitioner
Through : Mr. I.C. Mishra and Ms.Swati Chakraborty, Advocates.
Through : Mr. B.V. Niren, CGSC for R1/UOI.
VALMIKI J. MEHTA, J (ORAL)
There is no opposition to the application. The same is allowed and disposed of.
JUDGMENT
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, 2013:DHC:1379 W.P.(C)s 3446/2010, 3448/2010, 3450/2010, 3987/2010, 3998/2010, 7771/2011 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
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) 7771/2011
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.
VALMIKI J. MEHTA, J MARCH 13, 2013