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2024 DIGILAW 306 (TS)

Koppula Lakshmamma v. Union of India

2024-04-26

C.V.BHASKAR REDDY

body2024
ORDER : This writ petition is filed seeking the following relief: “…….to issue an order direction or Writ more particularly one in the nature Writ of Mandamus declaring inactive/closure of PPO No.MAFF0417290 of the Petitioner for non-submission of Life Certificate in 2019 and seeking to recover Rs 9,76,040/- received as Pension arrears from November 2019 to May 2022 from the Petitioner and not reviving it in spite of submitting all the relevant documents to Respondent no.2 on 27.06.2023 as illegal, arbitrary and contrary to the letter aiI spirit of guidelines in Notification No. 45/03/2014 FF (P) of Ministry of Home Affairs FFR Division- Respondent no.2 and Order of Hon’ble Supreme Court in Suo-Motu Writ Petition © No 3 of 2020 excluding period from 15-3-2020 to 28-02-2022 for all purposes of limitation as may be prescribed under any general or special laws in respect of judicial or quasi judicial proceeding and consequently direct the respondents to restore the PPO of Petitioner and pay the arrears from June 2022 till payment and to continue payment of monthly Pension to the Petitioner in accordance with Rules applicable to spouse of Freedom Fighters and to pass such other relief….” 2. The case of the petitioner is that the husband of the petitioner by name Koppula Pullaiah has been sanctioned Freedom Fighters Monthly Pension vide Proceedings No.1123/2437-39, dated 11.07.2004 and he received the same till his death and thereafter, she is receiving the same as widow. It is the further case of the petitioner that the pension amount is being credited to her bank account vide S.B Account No.051810100014842 in Union Bank of India and according to her the pension is regularly credited to the petitioner account every month. The grievance of the petitioner in this writ petition is that pension sanctioned to her was stopped from the month of November, 2019 on the ground that she has not produced Life Certificate in terms of the guidelines of the Swantantrata Sainik Samman Pension primarily called ‘Freedom Fighters Monthly Pension’. The grievance of the petitioner in this writ petition is that pension sanctioned to her was stopped from the month of November, 2019 on the ground that she has not produced Life Certificate in terms of the guidelines of the Swantantrata Sainik Samman Pension primarily called ‘Freedom Fighters Monthly Pension’. It is the further case of the petitioner that she was not able to submit Life Certificate in the year 2019-2020 in view of the Covid-19 Pandemic situation and she submitted the Life Certificate in the month February, 2022 and taking into consideration of the said Life Certificate, respondent No.1 credited the pension amount to the account of the petitioner with an amount of Rs.9,76,040/- as arrears from November, 2019 to May, 2022. The grievance of the petitioner in the present writ petition is that the respondents stopped payment of pension to the petitioner from May, 2022 on the ground that she has not produced the Life Certificate, which is mandatory. 3. Learned counsel for the petitioner submitted that the petitioner is entitled for release of the pension as per the clause 2.1 of guidelines No.45/3/2014-FF (PO) issued by Ministry of Home Affairs, FFR Division for disbursement of Central Samman Pension, which read as under:- :- “Each bank should obtain a Life Certificate (As per Annexure-II) once a year in the month of November from the concerned freedom fighter or the dependent’s the case may be. For the purpose of obtaining Life Certificate, it is clarified that the pensioner must come face to face with the banker. Wherever, it is found that the pensioner is too old to come to the bank, then the Bank Officer must visit his/her place of residence before obtaining the Life Certificate. In case where the pensioners are above the age of 80, the Life Certificate should be taken by the bank twice a year, once in May (Before 31 May) and once in November (before 30 November).” 4. In case where the pensioners are above the age of 80, the Life Certificate should be taken by the bank twice a year, once in May (Before 31 May) and once in November (before 30 November).” 4. It is stated by the learned counsel for the petitioner that, the petitioner is aged about 89 years, therefore, she is not in a position to approach the Bank for issuance of Life Certificate and in fact, as per the guideline No.2.1, it is the duty of the Bank Officer to visit her place of residence for issuance of Life Certificate and since she is over and above 80 years, the Bank has to submit Life Certificate twice a year i.e., before 31st May and 30th November. According to learned counsel for the petitioner, even though said guidelines are binding on the respondents Bank, they have not submitted Life Certificate to enable the 1st respondent to credit the Freedom Fighters Pension bringing the said facts, she also submitted a representation, dated 27.06.2023, but the respondents are not releasing the Freedom Fighters Pension to her. 5. Respondent No.5 filed a counter affidavit stating that the petitioner did not submit her Life Certificate by 30th November. In Paragraph No.9 of the counter affidavit, it is stated that on 25.04.2024 on receipt of the mail respondent No.5 had visited the house of petitioner, taken her to Mee-Seva center for the purpose of obtaining Digital Life Certificate and the bank is in the process of doing the further things to forward the same to Central Processing Pension Cell of respondent No.5 bank which is coordinating with the respondent Nos.2 and 3. It is further stated in the counter-affidavit that the respondent bank is always extending its cooperation to visit the house of the petitioner for the purpose of obtaining Life Certificate whenever the Bank receive communication from the pensioner that he/she aged 80 years and above and unable to come to the branch for the purpose of submitting the Life Certificate. 6. Admittedly, there is a delay on the part of the respondent/bank in submitting the Life Certificate on the file of respondent No.2 to release the pension and to credit the same to the account of the petitioner. Now respondent No.5 has taken steps for submitting Life Certificate on the file of respondent No.2. 7. 6. Admittedly, there is a delay on the part of the respondent/bank in submitting the Life Certificate on the file of respondent No.2 to release the pension and to credit the same to the account of the petitioner. Now respondent No.5 has taken steps for submitting Life Certificate on the file of respondent No.2. 7. Since the petitioner is senior citizen and aged about 89 years and suffering with severe old age ailments and her pension was stopped in view of the non sending of communication in time, this Court deems it appropriate to direct the respondent No.2 to release the arrears of pension as expeditiously as possible, preferably within a period of (4) four weeks from the date of receipt of a copy of this order. Respondent No.2 is further directed to pay the monthly pension to the petitioner regularly. 8. With the above observations, the Writ Petition is disposed of. No costs. 9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.