Case Note & Summary
The petitioner, Somitrabai @ Somabai Bhagwan Ajbe, aged 86 years, filed a writ petition seeking release of freedom fighter pension after the death of her husband, Bhagwan Sukdev Ajbe, a recognized freedom fighter. The husband had been receiving pension from both the Central and State Governments. After his death, the pension was paid to his second wife, Rukminbai @ Rakhmabai, until her death on 17.06.2018. The petitioner claimed to be the first legally wedded wife and obtained a judgment and decree dated 22.01.2016 in R.C.S. No. 87 of 2012 from the civil court, declaring her as the first legally wedded wife. Despite this declaration, the pension was not transferred to her after the second wife's death. The District Collector informed the State Bank of India to submit the original Pension Payment Order (PPO), but the bank stated that the original PPO was with the Ministry of Home Affairs, tendered vide letter dated 19.08.2020. The High Court, upon hearing the matter, noted that the civil court's declaration was undisputed and that the petitioner was entitled to the pension. The court directed the respondents to release the freedom fighter pension to the petitioner from the date of death of the second wife, i.e., 17.06.2018, and to produce the original PPO for that purpose. The court also directed the Ministry of Home Affairs to produce the original PPO to the District Collector to facilitate payment. The petition was disposed of with these directions.
Headnote
A) Freedom Fighter Pension - Entitlement of Widow - Civil Court Declaration - Petitioner, declared as first legally wedded wife by civil court decree in R.C.S. No. 87 of 2012, sought pension after death of second wife who was receiving it - Court directed respondents to release pension from date of death of second wife, relying on civil court declaration and noting that original PPO was with Ministry of Home Affairs - Held that petitioner is entitled to pension as per civil court decree (Paras 1-5).
Issue of Consideration
Whether the petitioner, declared as the first legally wedded wife of a deceased freedom fighter by a civil court, is entitled to receive the freedom fighter pension after the death of the second wife who was receiving it.
Final Decision
The court directed the respondents to release the freedom fighter pension to the petitioner from the date of death of the second wife, i.e., 17.06.2018, and to produce the original PPO for that purpose. The Ministry of Home Affairs was directed to produce the original PPO to the District Collector. The petition was disposed of.
Law Points
- Freedom Fighter Pension
- Succession
- Widow's Entitlement
- Civil Court Declaration
- Pension Payment Order
