IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE rd ON THE 3 OF MARCH, 2023 WRIT PETITION No. 5242 of 2015 BETWEEN:-

SMT. KIRAN DEVI W/O SHRI NARAIN SINGH (EX. FREEDOM-FIGHTER, RESIDENT OF VIALLAGE BASAI, DISTRICT DATIA (MADHYA PRADESH)

.....PETITIONER (BY SHRI R.P. RATHI - ADVOCATE)

AND

1. UNION OF INDIA THROUHG SECRETARY TO HOME MINISTRY (F.F.R. DIV-CZ SEC) N.D.C.C., 2ND FLOOR, JAI SINGH ROAD DELHI

2. STATE OF MADHYA PRADESH THROUGH SECRETARY TO GENERAL ADMINISTRATION DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (SHRI PRAVEEN NEWASKAR - DY. SGI FOR RESPONDENT NO.1)

This petition coming on for hearing this day, the court passed the following:

ORDER

The present petition under Article 226 of the Constitution of India has been preferred by the petitioner against the order dated 20.03.2001; whereby, the pension which the petitioner was receiving under the Swatantra Sainik Samman Pension Scheme, 1980 (for short "Scheme, 1980") introduced by Government of India for grant of pension to freedom fighters and eligible dependents w.e.f. 15.08.1972, has been stopped.

It is the case of the petitioner that her husband Late Shri Narain Singh @

Swarn Singh was a freedom fighter and after due verification and being satisfied that he had participated in the Indian Freedom Movements, the benefit of pension under the Scheme 1980 was given by the State Government as well as by the Central Government. However, on a false and frivolous complaint made by one Swarn Singh, without considering the representations/replies and documents submitted by the husband of the petitioner, the State Government as well as the Central Government in an arbitrary manner cancelled the benefit of pension which was being received earlier by the husband of the petitioner and later after his death by the petitioner.

It is submitted by counsel for the petitioner that on a representation made by the husband of the petitioner Narain Singh @ Swarn Singh, an enquiry was conducted by the State Government through the then Collector, Datia and in its report, he had found that the complaint to be false and frivolous and recommendation of restoring pension granted by the State Government was made. In the midst of the said enquiry, a writ petition was moved by the husband of the present petitioner which was numbered as 1704/1999, wherein this Court vide order dated 16.09.2002 had set aside the order dated 09.07.1999 whereby the Sate Government had cancelled the benefit of pension and thereafter, the pension from State Government was started. Later on, on the basis of the recommendation made by the the Collector, Datia, the pension which was granted to the husband of the petitioner was restored in his favour vide order dated 29.04.2010. Thereafter, on 10.05.2010 the petitioner made an application to the Under Secretary, Ministry of Affairs, Government of India for her pension granted under the Freedom Fighters Pension Scheme, 1972 which was further liberalized and renamed in 1980 and was named as Swatantra Sainik Sanman Pension Scheme, 1980. Since there was no response to the said application, several reminders dated 09.08.2010, 14.03.2011, 12.09.2011, 05.04.2013, 12.06.2013, 25.04.2014, 19.05.2014, 03.09.2014, 09.07.2014 and 01.12.2014 were sent but of no avail. Neither pension was restored in favour of the petitioner nor there was any response. It was further argued that in the meanwhile, on 08.03.2013 a letter was written by the State Government to Secretary, Ministry of Home Affairs, Government of India to release the freedom fighters pension granted under the formulated Scheme of 1980 to which the reply was received on 14.08.2013 and certain informations were sought with regard to release of the pension of the petitioner. Again, on 07.05.2014 and 11.11.2014, letters were issued by the State Government to Secretary, Ministry of Affairs, Government of India to which, the similar response was received on 15.06.2015. It was