Shila Devi vs Union Of India And Anr
2024 Latest Caselaw 20178 P&H

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

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Neutral Citation No:=2024:PHHC:148469

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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