Neutral Citation No. - 2024:AHC:189662-DB Court No. - 3 Case :- WRIT - C No. - 58950 of 2009 Petitioner :- Vijay Kumar Srivastava Respondent :- State of U.P. and Others Counsel for Petitioner :- S.N. Srivastava,Gaurang Kulshreshtha,Km. Surya Srivastava,Madan Mohan,Neha Sonker,Prem Sagar Verma Counsel for Respondent :- C.S.C.,Krishan K. Parekh,Kuldeep Singh Chauhan Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner and Shri Sandeep Kumar Singh, learned Additional Chief Standing Counsel appearing for the respondents 1, 2 and 4. The contention of learned counsel for the petitioner is that the grand father of the petitioner, namely Shri Brij Bhushan Lal was receiving freedom fighter pension from the Union of India and on the demise of his parents, as per the scheme, he too, being grand son of the freedom fighter, is entitled to pension under that scheme as also the arrears that were payable to the deceased freedom fighter that has accrued during his life time.

A counter affidavit has been filed by the respondent no.4. In paragraph 9 and 10 of which it has been stated as follows:-"9. That in reply to the contents of paragraphs 9,10, 11 and 12 of the writ petition, it is submitted that after 1991, no application has been filed regarding non-receiving of both the pension by Shri Brij Bhusan Lal to the Treasury Office, Allahabad and no application filed for obtaining any regular and balance dues of pension to the Treasury Office. The alleged application which is addressed to the District Magistrate, Allahabad was not received in he Treasury Office and the alleged application is not available in the oflice record o! Treasury as well as District Magistrate. The averments to the contrary are incorrect hence denied. 10. That in reply to the contents of paragraph 13 of the writ petition, it is submitted that in paragraph 957 of C.S.R. Rules. it is clarified that in case pension amount has not been received for more than 6 years then the same could be paid only by the State Government on the recommendation of the Incharge Officer, Political Pension, Allahabad/District Magistrate, Allahabad and as such the pension dues from 1.12.1991 to 24.12.2004 will be payable on the approval of the competent authority/State Government."

In view of the aforesaid facts and circumstances, we permit the petitioner to move a detailed application before the District Magistrate enclosing all the relevant records, which the District Magistrate shall consider in accordance with law. If any other document or other compliance is required to be done by the petitioner, the same shall be communicated to the petitioner. Thereafter, a decision/recommendation be taken/made by the District Magistrate as he may deem fit. This process is required to be completed expeditiously and preferably within a period of three months from the date of the application filed along with certified copy of this order. Subject to the above, this petition stands disposed of. Order Date :- 3.12.2024 Mayank DigitallyDigitallyDigitallyDigitallyDigitallyDigitallyDigitally signedsignedsignedsignedsignedsignedsigned bybybybybybyby :-:-:-:-:-:-:- MAYANKMAYANKMAYANKMAYANKMAYANKMAYANKMAYANK KUMARKUMARKUMARKUMARKUMARKUMARKUMAR SHARMASHARMASHARMASHARMASHARMASHARMASHARMA HighHighHighHighHighHighHigh CourtCourtCourtCourtCourtCourtCourt ofofofofofofof JudicatureJudicatureJudicatureJudicatureJudicatureJudicatureJudicature atatatatatatat AllahabadAllahabadAllahabadAllahabadAllahabadAllahabadAllahabad