ORDER :

1. The case of the petitioner is that the petitioner's husband, Late Shri Lobhi Ram, was in receipt of Swatantrata Sainik Samman Pension Scheme, 1980, formerly known as Freedom Fighter's Pension Scheme, 1972. However, when her husband died on 9th June, 1994, the petitioner started receiving the pension, which was lastly in the sum of Rs. 27,820/-. After 28th November, 2018, however, respondent No. 4-Bank stopped making the payment of the said amount in her account.

2. The learned counsel for the petitioner submits that the respondents be directed to restore the payment of pension to the petitioner together with arrears. She is more than ninety years of age and is too old and infirm to approach the respondents for this purpose time and again.

3. Shri Arvind Sharma, learned counsel for respondent No. 4-Bank submits that as per the requirement of the Rules, the petitioner was required to produce Life Certificate every year and because the petitioner failed to produce the Life Certificate for more than a year, respondent No. 4-Bank stopped the payment of the pension in her account and eventually returned the Pension Payment Order back to the Ministry of Home Affairs, Government of India.

4. Shri Balram Sharma, learned Assistant Solicitor General of India, submits that respondents-Union of India have so far not received the original Pension Payment Order either from the Bank or from the petitioner, in the absence of which, the steps cannot be taken to re-validate the Pension Payment Order or issue fresh Pension Payment Order.

5. Ms. Seema Sharma, learned Deputy Advocate General, submits that the Secretary (GAD) to the Government of Himachal Pradesh has written a letter to the Deputy Commissioner, District Mandi, enclosing therewith copy of letter dated 12th March, 2021 received from the Under Secretary, Ministry of Home Affairs, Government of India, for sending the verification report in respect of the petitioner. The Deputy Commissioner, District Mandi has been required to directly send the verification report to the Government of India under intimation to the Secretary (GAD) to the Government of Himachal Pradesh. The required verification report has already been sent by the Deputy Commissioner, District Mandi to the Central Government. The Secretary (GAD) to the Government of Himachal Pradesh, vide communication, dated 11th August, 2021 (Annexure R-II) addressed to the Under Secretary, Government of India, has conveyed that all the requisite documents, as desired by them, have already been directly sent by the Deputy Commissioner, District Mandi, vide letter, dated 6th August, 2021. Even then, an additional set of the documents alongwith the aforementioned letter was again forwarded. The learned Deputy Advocate General also submits that the Life Certificate duly verified by the Pradhan of Gram Panchayat Dusrakhabu, dated 26th November, 2020 (Annexure R-I) has also been sent to the Government of India.

6. Having heard the learned counsel for the parties and from the perusal of the record, we are inclined to uphold the arguments of the learned counsel for the petitioner that the petitioner being an old lady and in advance age may not have been in a position to properly pursue the matter and for lack of proper assistance, she was unable to submit the Life Certificate to respondent No. 4-Bank in time.

7. According to respondent No. 4-Bank, the Pension Payment Order has been returned back to the Ministry of Home Affairs. On the representation of the petitioner, the Under Secretary to the Government of India, Ministry of Home Affairs, sent a communication to the petitioner on 11th March, 2021, requiring her to submit the requisite documents, i.e. self-photograph, specimen signature or left thumb impression, identification mark, affidavit by Notary, photocopy of the cheque book, attested copy of sanction letter, original PPO pensioner, complete bank details from where she was receiving pension, self-attested photocopy of voter card, PA