JUDGMENT :

RAVINDRA V GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. While issuing notice on 27.06.2023, we had passed the following order:

“1. It is undisputed that the petitioner's husband Bhagwan Sukdev Ajbe was a freedom fighter who was receiving freedom fighters pension, from the Government of India, as well as, the State Government. Till 2018, after the demise of the freedom fighter, the second wife Rukminbai @ Rakhmabai been paid the pension until she died on 17.06.2018. However, the petitioner was granted a judgment and order dated 22.01.2016 in R.C.S. No. 87 of 2012, by which she was declared to be the first legally wedded wife of the freedom fighter.

2. The District Collector has informed the State Bank of India to submit the original pension payment order (PPO). The bank has informed that the original PPO of the said freedom fighter is not with the bank and the same is with the Ministry of Home Affairs which was tendered vide letter dated 19.08.2020.

3. Issue notice to respondent Nos. 1 to 5, returnable on 11.07.2023. This matter would appear in the urgent admissions category.

4. The learned standing counsel for Union of India waives service of notice on behalf of the respondent No.1. The learned A.G.P. waives service of notice on behalf of respondent Nos. 2 to 5.

5. On the next date, we would expect the Ministry of Home Affairs to produce the original PPO, which will have to be tendered to the District Collector for commencing the payment of freedom fighters pension to the petitioner from the date of demise of the second wife, who was earlier receiving the pension.”

3. It is undisputed that the husband of the present Petitioner namely Bhagwanrao Sukhdeo Ajbe was a Freedom Fighter. A Pension Payment Order (PPO) and a Pension Payment Booklet (PPB), have been issued. He was receiving the pension regularly from 07.09.1977 w.e.f. 04.05.1976, from the State Government. He was also receiving freedom fighter's pension from the Central Government vide order dated 04.08.1985 w.e.f. 01.08.1980. The late Bhagwanro Ajbe (passed away on 12.06.1993), had nominated a lady by name Rukhminibai alias Rakhmabai, in the capacity of she being his wife, due to which Rukhminibai was receiving the freedom fighter's pension until her demise on 17.06.2018.

4. The Petitioner before us is Somitrabai alias Somabai who claims to be the first wife of Bhagwanrao. Before the demise of Rukminibai, Somitrabai preferred RCS No.87/2012 seeking a declaration from the Civil Court that she is the first wife. Rukhminibai was one of the defendants. By judgment dated 22.01.2016, the suit was decreed and it was declared that the present Petitioner is the first wife and as such, the legally wedded wife. Yet, Rukhminibai was receiving the pension until her death on 17.06.2018.

5. The grievance of the Petitioner arose after the death of Rukhminibai. The payment of the freedom fighter's pension was stopped by the State Government as well as the Central Government since it was informed that Rukhminibai has passed away. There is no dispute that the original PPO is required for sanctioning the Central Government as well as the State Government pension, even for replacing the deceased-Rukhminibai with the Petitioner-Somitrabai. The State Bank of India, Centralised Pension Processing Center (CPPC), Mumbai informed the State Bank of India, Branch Manager, Majalgaon vide communication dated 30.06.2022, that the CPPC does not have the original PPO and the same was returned to the Ministry of Home Affairs vide communication dated 19.08.2020. The Majalgaon Branch, therefore, informed the Ministry of Home Affairs, Central Pension Accounting Office (CPAO) vide communication dated 11.08.2022, that they have not received the PPO and the original PPO be supplied. This was also brought to the notice of the CPPC vide communication dated 16.11.2022. Subsequently, the Branch Manager, Majalgoan informed the State Bank of India - CPPC by c