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B
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SHAKUNTLA DEVI
v.
UNION OF INDIA AND ANR.
OCTOBER 3,2005
[R.C. LAHOTI, CJ., AND G.P. MATHUR AND P.K.
BALASUBRAMANYAN, JJ.]
Constitution of lndia,1950:
Article 32-Freedom Fighters Pension-Claimed in writ petition-Held,
the case does not call for consideration in exercise of jurisdiction under
Article 32-Such matters, wherever the petitioners have a genuine grievance,
can better be dealt with by the High Court-Filing of such petitions in this
Court directly by invoking Article 32 of the Constitution has to be discouraged.
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 10 of2005.
(Under Article 32 of the Constitution of India).
Madan Mohan Rai, Husband of the Petitioner, Mrs. K. Sarada Devi,
E (SCLSC) for the Petitioner.
The following Order of the Court was delivered:
ORDER
We have heard Mr. Madan Mohan Rai who states that he is the husband
F of the petitioner herein. Pursuant to the order dated 25.8.2005 Mrs. K. Sarada
Devi, Adovcate has been appointed as legal aid counsel for the petitioner.
She has also been heard by us.
We have also perused the contents of the writ petition and the documents
G annexed therewith. We are satisfied that the case does not call for consideration
in exercise of our jurisdiction under Article 32 of the Constitution of India.
H
We are constrained to observe that a number of cases are being filed
in this Court wherein the petitioners claim themselves to be freedom fighters
and hence entitled to pension under a scheme framed by the Central
950
SHAKUNTLA DEVI v. U.0.1.
951
Government. In most of these cases, the State Governments have found the A
petitioners' not entitled to the grant of such pension and, therefore, their
cases have not been recommended by the State Governments to the Central
Government. By filing petitions under Articles 32 of the Constitution before
this Court the State Governments are being noticed to appear and show cause
here and also to produce the relevant documents. We feel that such matters,
wherever the petitioners have a genuine grievance, can better be dealt with B
by the High Court. Filing of such petitions in this Court directly by invoking
Article 32 of the Constitution has to be discouraged.
The writ petition is dismissed with liberty to the petitioner to file an
appropriate petition in the High Court, if so advised.
C
R.P.
Writ Petition dismissed.
Lex