Punjab-Haryana High Court
Shila Devi vs Union Of India And Anr on 13 November, 2024
Neutral Citation No:=2024:PHHC:148469
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
248
CWP-9924-2023 (O&M)
Date of decision: 13.11.2024
Shila Devi
...Petitioner
VERSUS
Union of India and another
...Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. Sushil Sheoran, Advocate for the petitioner.
Mr. Shivoy Dhir, Sr. Panel Counsel for respondent No.1.
Mr. Suneel Ranga, DAG Haryana.
*****
VINOD S. BHARDWAJ, J. (Oral)
The petitioner has raised a challenge to the order dated 11.08.2021 passed by respondent No.2 on the ground that the same is in violation of the settled law in judgment dated 10.08.2021 and judgment dated 20.01.2023 holding that the "unmarried" daughter shall also include widowed/divorced daughters eligible for Swatantrata Sainik Samman Pension (hereinafter referred to as 'the pension').
Learned State counsel as well as the learned counsel for the petitioner contend that the State of Haryana has already carried out an amendment in the scheme regarding the Samman Pension on death of Freedom Fighters or their spouse vide instructions dated 04.11.2024. It has further been averred that the case of the petitioner shall be considered by the 1 of 2 ::: Downloaded on - 17-11-2024 06:01:55 ::: Neutral Citation No:=2024:PHHC:148469 2 248 CWP-9924-2023 (O&M) respondent-State in accordance with the applicable scheme and on following the due procedure.
The present petition is accordingly disposed of at this stage with a liberty to the petitioner to submit an application afresh with the respondent-authorities and that an appropriate decision in accordance with law and the applicable policies shall be taken by the competent authority uninfluenced by the decisions taken earlier and after granting an opportunity of hearing to the respective parties.
Let respondent No.2 shall take an appropriate decision within a period of 03 months of submission of such a request and that in the event of the claim of the petitioner being found genuine, the same be forwarded to respondent No.1 who shall further take the decision on such request in a time bound manner and preferably within a period of 02 months on such claim being forwarded to him/or.
(VINOD S. BHARDWAJ)
13.11.2024 JUDGE
Mangal Singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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