Supreme Court of India
Shakuntla Devi vs Union Of India And Anr on 3 October, 2005
Equivalent citations: AIR 2006 SUPREME COURT 637, 2005 AIR SCW 6288, 2006 (1) SRJ 335, 2005 (8) SLT 13, 2005 (8) SCALE 434, 2005 (8) SCC 437, (2006) 1 ALLMR 147 (SC), (2005) 9 JT 217 (SC), (2005) 35 ALLINDCAS 60 (SC), (2006) 101 CUT LT 336, (2006) 1 ORISSA LR 120, (2005) 6 SERVLR 80, (2005) 61 ALL LR 636, (2005) 6 ANDH LT 78, (2005) 7 SCJ 645, (2005) 7 SUPREME 151, (2005) 8 SCALE 434, (2006) 1 CAL LJ 144
Bench: G.P. Mathur, P.K. Balasubramanyan
CASE NO.: Writ Petition (civil) 10 of 2005 PETITIONER: Shakuntla Devi RESPONDENT: Union of India and Anr. DATE OF JUDGMENT: 03/10/2005 BENCH: R.C. Lahoti CJ & G.P. Mathur & P.K. Balasubramanyan JUDGMENT:
JUDGMENT ORDER We have heard Mr. Madan Mohan Rai who states that he is the husband 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 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.
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 Government. In most of these cases, the State Governments have found the 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 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.