The Delhi High Court has reiterated that the widowed daughter of a past due freedom fighter is entitled to the benefit of the Swatantrata Sainik Samman Pension Scheme (SSSPS) as a dependent. Justice V. Kameswar Rao depended on a judgment surpassed through the Punjab and Haryana High Court in addition to the Calcutta High Court at the subject, at the same time as granting comfort to a woman, the only established widow daughter of a freedom fighter.
Ms Kolli Indira Kumari had approached the High Court after her utility to switch her father’s freedom fighter pension, granted below the SSSPS, to her, after her father’s loss of life, become declined through the authorities. Ms Kumari said that, in 1972, the Government of India, at the 25th anniversary of Independence, had framed a Central scheme for the furnish of pension to freedom combatants and their households from Central revenue. The scheme started on August 15, 1972, and supplied for the furnish of pension to residing freedom combatants and their families, and if the liberty combatants are no more alive, to the families of the martyrs.
The gain of the stated scheme become prolonged with impact from August 1, 1980, to all freedom combatants as a token of Samman (honour) to them below the SSSPS.
Ms Kumari stated her father become granted the blessings of the scheme. He died on November 1, 2019, leaving in the back of his widowed daughter, Ms Kumari, who's bodily handicapped, mentally challenged, unemployed, and additionally bedridden.
The plea stated Ms Kumari’s husband died on October 26, 2000, and then she becomes established upon her past due to her father. After the loss of life of her father, Ms Kumari filed a utility on November 11, 2019, with all important files for disbursal of pension to her.
However, on February 12, 2020, the Central authorities despatched a verbal exchange to her rejecting her request on the idea of revised coverage guidelines, which states that a widowed or divorced daughter isn't always eligible for pension.
Justice Rao remarked that the issue is no more res Integra (factors of the regulation that have now no longer been determined) given the belief of the Punjab and Haryana High Court withinside the case of Khazani Devi Vs. Union of India was determined on July 29, 2016. The Punjab and Haryana High Court become of the view that the underlying item withinside the clause of the scheme list eligible dependents is that only one person be granted the pension.
“Therefore, the government need to construe the admissibility of gain from that angle. It isn't always the case that daughters are excluded altogether. A single daughter finds point out in the listing of eligible dependents. It would, thus, be a travesty to exclude a divorced daughter,” Justice Rao stated.