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2022 Supreme(Pat) 511

MOHIT KUMAR SHAH
Saina Devi – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Kumar.
For the Respondent: Mr. Sheo Shankar Prasad.

MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for grant of family pension to the widow petitioner, who claims to be the widow of a freedom fighter namely Late Dhruv Narayan Prasad, under the Swatantra Sainik Samman Pension Yojna.

2. The case of the petitioner in brief is that the husband of the petitioner was a freedom fighter and had actively participated in the 1942 independence movement along with other freedom fighters and had hoisted flag on Barhara Police station, destroyed railway track and post office records with view to end the British rules. The husband of the petitioner had applied for grant of freedom fighter pension vide application dated 31.08.1981, however, the same was not approved on account of lack of evidence, whereafter the husband of the petitioner had again collected evidence and the Home (Special), Department, Government of Bihar, Patna vide letter dated 30.03.1990 had recommended the case of the husband of the petitioner for grant of freedom fighter pension.

3. Per contra, the learned counsel for the State has submitted that the aforesaid scheme is a scheme of the Union Government, hence, it is the appropriate authority to grant or reject the

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