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Judgment
Manoj Kumar Tiwari, J
Petitioners’ father Aan Singh filed Writ Petition (M/S) No. 2552 of 2007, claiming Freedom Fighter Pension, as per the Scheme framed by the
Centre as well as the State Government. During pendency of the said writ petition, Aan Singh passed away; therefore, petitioners were substituted in
his place as his legal representatives. The said writ petition was allowed by Writ Court, vide order dated 01.05.2014.
Alleging wilful disobedience of the said order, this Contempt Petition was filed in the year 2015.
A response affidavit has been filed on behalf of Mr. Pankaj Tiwari, Director, Treasury, Pension & Entitlement, Uttarakhand, Dehradun. Para no.
12 of the said compliance affidavit is reproduced below:-
“12. That thus it is submitted that the payment of arrears of State Freedom Fighter Pension, as directed by the Hon’ble Court vide judgment
and order dated 01-05-2014 to the legal heirs of late Aan Singh, can be made after receiving the duly sanctioned orders from the department of Home,
Government of Uttarakhand, Dehradun. Thus, the compliance of the judgment and order dated 01-05-2014 is not pending at the level of the answering
respondent. The compliance of the judgment and order dated 01-05-2014 is pending at the level of Government Department of Home, Uttarakhand,
Dehradun.â€
Thus, the defence taken by Director, Treasury, Pension & Entitlement, Uttarakhand is that in the absence of any sanction order by Home
Department of the State Government, arrears of Freedom Fighter Pension cannot be granted. In para no. 10 of the said affidavit, it has been further
stated that the Directorate of Pension has written a letter on 09.04.2021 to Secretary, Home Department with a request to take appropriate action as
per the judgment rendered by Writ Court.
From the response affidavit filed by respondent no. 2, it is apparent that the Home Department of State Government has to take decision in the
matter and without any favourable order from Home Department, Freedom Fighter Pension cannot be released to the petitioner.
Since Secretary, Home Department, Government of Uttarakhand is not before this Court, therefore, the present Contempt Petition is disposed of
with liberty to petitioner to approach the Secretary, Home Department, by making a representation. The Secretary concerned shall consider case of
the petitioner for grant of arrears of Freedom Fighter Pension to the petitioner in the light of judgment rendered by Writ Court on 01.05.2014 and pass
appropriate order as per law, within ten weeks from the date of production of certified copy of this order. Contempt notice issued against respondent
no. 1 is hereby discharged.