Case Note & Summary
The petitioner, Sri H. Nagabhushana Rao, aged about 101 years (now 102), filed a writ petition under Article 226 of the Constitution of India seeking a direction in the nature of mandamus to the first respondent, the Under Secretary, Ministry of Home Affairs, to pay Rs.3,71,280/- along with interest, being the arrears of his Central Gaurava Dhana (pension). Alternatively, he sought a direction to all respondents jointly and severally to pay the arrears. The petitioner was a recipient of Swatantra Sainik Samman Gaurava Dhana (Pension) as a freedom fighter from 1974, granted by both Central and State Governments. The facts revealed that the petitioner had been receiving the pension but certain arrears had accumulated. The court examined the submissions of the parties, including the arguments of the petitioner's counsel, Smt. Veena J. Kamath, and the respondents' counsels, Sri Shanthi Bhushan (DSGI for R1), Smt. B.G. Nayana Tara (for R2 to R4), and Sri M. Vinod Kumar (AGA for R5). The court considered the legal principles governing pension arrears and the scope of writ jurisdiction. The court held that the petitioner, being a centenarian and a freedom fighter, was entitled to the arrears of pension. The court directed the respondents to pay the amount of Rs.3,71,280/- to the petitioner within a period of eight weeks from the date of the order, failing which the amount would carry interest at the rate of 6% per annum from the date of the order until payment. The writ petition was allowed in part.
Headnote
A) Constitutional Law - Writ of Mandamus - Pension Arrears - Article 226 of the Constitution of India - The petitioner, a centenarian freedom fighter, sought direction to pay arrears of Central Gaurava Dhana (pension) of Rs.3,71,280/- with interest. The court considered the entitlement to arrears and the maintainability of the writ petition. Held that the petitioner is entitled to the arrears and directed the respondents to pay the amount within a specified time frame (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to arrears of Central Gaurava Dhana (pension) and whether a writ of mandamus can be issued directing the respondents to pay the same.
Final Decision
The writ petition is allowed in part. The respondents are directed to pay the petitioner Rs.3,71,280/- within eight weeks from the date of the order, failing which the amount shall carry interest at 6% per annum from the date of the order until payment.
Law Points
- Writ of mandamus
- Pension arrears
- Freedom fighter pension
- Swatantra Sainik Samman Gaurava Dhana
- Article 226
