My father was a freedom Fighter and was a staunch believer of Non-violence, he was in Sabarmathi Ashram for more than four years Under Father of Nation Mahatma Gandhiji.
He was getting Swatantr Senani pension from State Government ( Karnataka Govt. ).
During his life time i.e. in 1997 ( as per new notification of Central/State Govts, the wife of Freedom Fighter ( FF ) is entitled for the Family pension after the demise of her Husband ). my father filed an Affidavit on a stamp paper duly Authorising my Mother to receive Family Pension after his Demise, and it was accepted and noted in the Pension Register at Accountant General's office (AGO) but due to communication gap or due to non availability of Pension Payment Order (PPO) Book of Freedom Fighter it was not noted in Freedom Fighters PPO book, but was noted in the FF pension Register maintained at AGO.
After the death of my father in August 2009, I approached AG office and requested the concerned officials along with the required papers to continue the Family Pension to my Mother. The gap was about 12 years and there was change in the staff at AGO. They asked me to produce PPO book, accordingly I produced the PPO book in which Nominee name was not mentioned. They did not check their Register and asked me to approach District Collector ( DC ) to sanction of Family pension( FP ). We applied for FP at DC office and as usual it took approximately One and Half Years (1-1/2 ) to get sanction order and that too from the date of DC's Sanction. The pension started after 6 months of DC's sanction as per Govt. work. Meanwhile I approached the AGO and requested the concerned officials for the arrears and SHOWN them the copy of the Affidavit filed by father. A good Samaritan there searched the file and fond my fathers application with Affidavit, Immediately he wrote a official letter to the concerned DC and to the State Govt. to pay the Arrears as the Deceased Freedom Fighter filed application with Affidavit in-time and according to the Govt. Notification. Under Secretary of the DPAR wrote a letter to concerned DC to consider the case and pay the arrears according to the direction of AGO, but the DC of the district asking for a similar type in the past. But it was the first in this Dharwad District, for that reason DC still neither sanctioning the arrears nor giving any endorsement. It is already a year and the Wife of FF also Died Recently. In such circumstances is the Deceased family members are entitled for the ARREARS till the death of the FF's wife which is Appx. 2 and 1/2 years? if yes what is the Procedure to be followed? Please let us know.
Asked in Civil Law from Bangalore, Karnataka
1. The children of deceased are entitled to claim the arrears of pension of the freedom fighter.
2. Since all attempts to recover the arrears have gone in vain in spite of the time consumed in the process it is advisable that you move the High Court for compelling the government to release the same.
file writ petition in High court to direct Government to release arrears of pension .
give a 2 months notice to the dept anf if they fail then file a civil case for recovery of amount
Advocate, New Delhi