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2026 Supreme(Online)(UK) 2035
HIGH COURT OF UTTARAKHAND
Manoj Kumar Tiwari, J
MAHIPAL SINGH DHAPOLA – Appellant
Versus
UNION OF INDIA – Respondent
WPMS/1654/2026
For the Appellants/Petitioners: Ankit Rana
For the Respondents: Saurabh Adhikari, Ashish Joshi
In disputes involving the release of pensionary arrears where documentation is allegedly incomplete, the court may direct the petitioner to submit a fresh application with all requisite records, requiring the competent authority to decide the claim within a specified timeframe.
Headnote:(A) Swatantrata Sainik Samman Yojana - Family Pension - Arrears of Life Time Arrears (LTA) - Dispute regarding payment of withheld arrears - Petitioner sought release of arrears to deceased beneficiary - Respondents contended non-submission of requisite documents including succession certificate and pension payment order - Court directed filing of fresh application with necessary documentation to facilitate consideration by competent authority. (Paras 4, 6, 7, 10)
Facts of the case:
The petitioner is the legal heir/dependent of a deceased freedom fighter whose spouse (the petitioner's mother) was receiving a dependent pension. The pension was withheld for a specific period prior to the death of the mother. The petitioner filed a writ petition seeking a writ of mandamus for the release of these LTA arrears along with interest, challenging the rejection of the claim by the authority.
Findings of Court:
The court noted the dispute between the parties regarding whether the documents required by the authority were indeed submitted. Without adjudicating on the merits of the document submission, the court disposed of the matter by directing the petitioner to submit a fresh application along with all mandatory supporting documents to the competent authority for a time-bound consideration.
Issues: Whether the competent authority is justified in withholding LTA arrears in light of the disputed submission of necessary documentation and whether the petitioner is entitled to the release of arrears after the death of the dependent pensioner.
Ratio Decidendi: In matters regarding the release of pensionary arrears where the administrative process is stalled due to documentation disputes, it is an appropriate exercise of writ jurisdiction to relegate the claimant to the competent authority with a mandate for a time-bound, reasoned decision upon the submission of complete and necessary documentation.
Result: Petition disposed of with liberty to the petitioner to move a fresh application to the competent authority for adjudication within three months.
| Table of Content |
|---|
| 1. factual background of freedom fighter pension claims. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. evidentiary dispute regarding document submission requirements. (Para 7 , 8 , 9) |
| 3. judicial disposal mandating fresh application with documentation. (Para 10) |
1. Mr. Ankit Rana, learned counsel for the petitioner.
2. Mr. Saurabh Adhikari, learned Central Government Standing Counsel for the Union of India.
3. Mr Ashish Joshi, learned counsel for the respondent-Bank.
4. According to petitioner, his father was a freedom fighter and he was awarded Freedom Fighter Pension, and after his death, petitioner’s mother received Dependent of Freedom Fighter Family Pension.
5. It is not in dispute that petitioner’s mother passed away on 27.07.2015.
6. According to petitioner, payment of family pension was stopped to his mother w.e.f. October, 2014 to July, 2015. By means of this writ petition, petitioner has sought the following reliefs:-
(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 05.02.2019 (Annexure No. 13 {Colly} page no. 59 to 60), 10.07.2019 (Annexure No. 16 page 81 to 86) issued by respondent no. 1, Ministry of Home Affairs/FFR Division, whereby the respondent has rejected the release of LTA arrears accrued to Late Smt. Khagoti Devi which was withheld from 01.10.2014 till the date she died i.e. 27.05.2015 under the Swatantrata Sainik Samman Yojana.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent to release LTA arrears from the date it has been withheld 01.10.2014 to 27.05.2015 computing to Rs. 2,01,290 (Rupees Two Lacs One Thousand Two Hundred and Ninety Only) along with 12% interest per annum, calculated from the date of the first default on 01.10.2014 until the date of actual realization.
7. Mr. Saurav Adhikari, learned counsel appearing for Union of India has drawn attention of this Court to communication dated 14.03.2019 issued by Under Secretary, Government of India to the petitioner, whereby petitioner was asked to submit certain documents, including Succession Certificate, Original Copy of Pensioners PPO etc.
8. Learned counsel for the petitioner submits that all the documents, which were required by aforesaid communication were submitted by petitioner.
9. Mr. Saurav Adhikari, learned counsel for the Union of India, however, dispute the said contention and submits that if petitioner had submitted the required documents then the Competent Authority would have considered for releasing the balance amount of family pension.
10. Having regard to the fact of the case, the writ petition is disposed of by permitting the petitioner to move fresh application, seeking arrears of family pension till 27.07.2015, before the Competent Authority. Along with his application, petitioner shall submit all necessary documents, including the one which were required vide communication dated 14.03.2019. Subject to petitioner making such application, along with supporting documents, the Competent Authority shall consider petitioner’s claim and pass necessary order, as per law, within three months from the date of making such application.
