"Widowed Daughter Of Freedom Fighter Entitled To Benefit Of Pension Scheme As Dependent": Delhi High Court

The Delhi High Court has observed that a widowed daughter of a freedom fighter is entitled to benefit of the Pension Scheme namely Swatantrata Sainik Samman Pension Scheme, as a dependent while granting relief to a handicapped, mentally challenged and bed ridden woman.

A single judge bench comprising of Justice V Kameswar Rao set aside the order dated 12th February 2020 communicated by the Ministry of Home Affairs to the petitioner woman rejecting her request in terms of para 5.2.5 of the revised policy guidelines which states that widowed / divorced daughter is not eligible for Pension.

The High Court reiterated the decision delivered by the Punjab and Haryana High Court as well as the Calcutta High Court wherein it was held that the benefit of the Pension Scheme shall be admissible to the divorced daughter as well.

"I concur with the view taken by Punjab & Haryana High Court as well as Calcutta High Court, more particularly when the very same clause under which the benefit is sought to be denied by the respondents to the petitioner, was considered for granting the relief to widowed daughters. Accordingly, the present writ petition is allowed. The impugned order dated February 12, 2020 is set aside," the Court ordered.

A petition was filed by a widowed daughter whose father had died on November 01, 2019 leaving behind her as the sole dependant. The petition therefore sought transfer of Freedom Fighter Pension granted under the scheme.

Reliance was made by the Court on the judgment delivered by the Punjab and Haryana High Court in Khazani Devi vs. Union of India and Ors. wherein the Court was of the view that there would be no rationality to the reason that the unmarried daughter can be included in the list of eligible dependents and a divorced daughter would stand excluded, particularly when she is the sole eligible dependent.

The High Court also relied on the decision of Calcutta High Court wherein it was observed that blanket exclusion of widowed/divorced daughters, including even those who do not have any personal income in lieu of maintenance or otherwise, is patently de hors Article 14 of the Constitution of India, which enshrines the guarantee of equality to all citizens.

The Court therefore directed the Centre to consider the petitioner's case for grant of dependent pension under the Pension Scheme to the petitioner, if she satisfies the other conditions as contemplated under the Scheme. 

"This consideration shall be undertaken within eight weeks from today," the Court directed further.

Title: SMT. KOLLI INDIRA KUMARI v. THE UNION OF INDIA

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