KAILASH DEVI Vs. UNION OF INDIA
LAWS(ALL)-2014-4-162
HIGH COURT OF ALLAHABAD
Decided on April 25,2014

KAILASH DEVI Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner and also the learned Standing Counsel.
(2.) The present writ petition has been filed by the petitioner seeking the following reliefs:- (i)issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1.10.2009 passed by the respondent no. 2, vide Annexure No. 1 to the writ petition. (ii)issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 1 & 2 to grant and pay Samman pension/central freedom fighter family pension to petitioner with effect from 5.4.1995 with interest under the aforesaid pension Yojana, 1980. (iii)issue further writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 1 & 2 to grant and pay life time pension of her husband, late Harihar Singh to petitioner since 8.8.1980 to 4.4.1995 with interest under the aforesaid pension Yojana, 1980.
(3.) It has been contended by the counsel for the petitioner that the order passed by the respondent no. 2 is bad in the eyes of law. All the material having not been considered, the said order is arbitrary and biased. It has further been argued that Parashuram, whose case stands on the same footing, has been granted central pension whereas the petitioner has been refused the same. Perusal of the impugned order shows that the case of Parashuram Singh was based on the ground of his claimed jail suffering whereas the claim of the petitioner was on the ground of underground suffering of her husband.;


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