Mahipal Singh Dhapola v. Union of India

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPMS/1654/2026 Hon'ble Manoj Kumar Tiwari, J

¶1Mr. Ankit Rana, learned counsel for the petitioner.

¶2Mr. Saurabh Adhikari, learned Central Government Standing Counsel for the Union of India.

¶3Mr Ashish Joshi, learned counsel for the respondent-Bank.

¶4According 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.

¶5It is not in dispute that petitioner's mother passed away on 27.07.2015.

¶6According 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.

¶7Mr. 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.

¶8Learned counsel for the petitioner submits that all the documents, which were required by aforesaid communication were submitted by petitioner.

¶9Mr. 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.

¶10Having 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.

(Manoj Kumar Tiwari, J)

10.06.2026 Aswal

NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b 08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4 F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.06.10 04:46:32 -07'00'