Swapna Dutta vs The Union Of India & Ors
2021 Latest Caselaw 3490 Cal

      D/L
   Item No. 31
    29.06.2021
(Video Conference)
     Kole

                                      WPA 10461 of 2021
                                         Swapna Dutta
                                            -Vs.-
                                    The Union of India & Ors.


                     Mr. Bratin Kr. Dey,
                                                                 .... For the petitioner.

                     Mr. Rajdeep Biswas
                                                                 ... for the respondent.

The writ petitioner challenges constitutional vires of

the Clause/Para 5.2.5 of the Revised Guidelines for the

Disbursement of Central Samman Pensions Scheme. The

petitioner submits that the dis-entitlement of a

widowed/unmarried daughter is discriminatory and

violative of Article 14 of the Constitution of India. Counsel

for the petitioner relied on a judgment of a Co-ordinate

Bench dated 7th April, 2021 passed in WPA 13806 of 2019

(Sonali Hatua Giri-vs.-Union of India & Ors.).

By the said judgment, a Co-ordinate Bench has struck

down as ultra vires clause, 5.2.5, of the Guidelines for

Disbursement of Central Samman Pensions issued by the

Ministry of Home Affairs, being Memo No. 45/03/2014 -

FF(P).

Counsel for the respondent submits that he is not

aware of the said judgment. The parties are also unable to

indicate as to whether any appeal has been filed in respect

thereof.

Let this matter stands adjourned and be listed on

13.07.2021 for further consideration.

(Rajasekhar Mantha, J.)