Union Of India vs Kota Suvarna
2022 Latest Caselaw 1177 Tel

Citation : 2022 Latest Caselaw 1177 Tel
Judgement Date : 15 March, 2022

Telangana High Court

Union Of India vs Kota Suvarna on 15 March, 2022

Bench: Satish Chandra Sharma, Abhinand Kumar Shavili

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
     THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                  WRIT APPEAL No.162 OF 2022


JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



      The present writ appeal is arising out of order dated

13.12.2021 passed in W.P.No.24378 of 2021.


      The facts of the case reveal that a writ petition was

preferred by one Kota Suvarna claiming Freedom Fighter Family

Pension on the ground that she is the widowed daughter of the

freedom fighter late Kukunuru Chandra Reddy. The facts of the

case further reveal that the Executive Instructions governing the

field provides for family pension to daughters of the freedom

fighters. However, the Executive Instructions does not include

unmarried widowed/divorced daughters.                         The case of the

respondent No.1/writ petitioner was rejected on the ground that

the revised policy guidelines dated 06.08.2014, as contained in

paragraph 5.2.5, does not entitle her for grant of pension. The

writ petitioner came up before this Court sating that the revised

policy guidelines dated 06.08.2014 are contrary to the law laid

down by the Punjab and Haryana High Court in the case of

Khajani Devi vs. Union of India (LPA.No.1721/2015, dated

29.07.2016) and confirmed by the Hon'ble Supreme Court in

SLP (Civil) Diary (No).17706/2017, dated 27.09.2019. The

learned Single Judge, as the issue has already been decided by

Punjab and Haryana High Court, has allowed the writ petition

and the order passed by the learned Single Judge is reproduced

as under:

"In Sonali Hatua Giri vs. Union of India [WPA 13806 of 2019], a learned Judge of Calcutta High Court has declared clause 5.2.5 of the guidelines as ultra vires and violative of Article 14 of the Constitution of India.

A learned Single Judge of Punjab & Haryana High Court, by relying upon Khajani Devi (referred supra) has allowed the writ petition being CWP 8008/2017 and directed the respondents therein to release family pension to the petitioner therein, who was the widowed daughter of the freedom fighter. Similarly, the Calcutta High Court also vide detailed judgment, has read into para 5.2.5 the expression 'unmarried' to include widowed/divorced daughters, provided they satisfy the other test having no independent source of income. The relevant para thereof is reproduced hereunder:-

"However, as far as daughters having no independent source of income are concerned, widowed/divorced daughters stand on an equal footing with a spinster daughter as heirs of the deceased freedom fighter. The marital status of all of them is "unmarried". Thus, the criterion of exclusion of widowed/divorced daughters, as sought to be projected by respondent no.1, is untenable in the eye of law. As such, Clause 5.2.5 is patently violative of Article 14 of the Constitution of India, which ensures equality among people standing on the same footing, in the absence of reasonable classification or intelligible differentia."

Moreover, as per the ratio laid down in Khajani Devi (referred supra) by the Punjab and Haryana High Court, which was confirmed by the Hon'ble Supreme Court in SLP, a divorced daughter has been treated on par with the unmarried daughter. There is absolutely no reason as to why the same analogy cannot be applied to the widowed daughter also. Irrespective of the fact that a woman whether divorced or widowed will be in the same helpless condition and no discrimination can be

shown between them. Both of them will require the same support i.e. financial and moral not only from the family but also the State.

Learned Assistant Solicitor General has stated that as against the orders passed in Sonali Hatua Giri, referred supra, appeal is pending before the Hon'ble Supreme Court, but he has fairly stated that till date no interim orders are granted staying the operation of the said order.

For the afore-stated reasons and having regard to the ratio laid down in the above referred cases, this Court is of the opinion that the stand taken by the respondent authorities is one without any rationale reason, the widowed daughter shall also has to be treated on par with the unmarried daughter and the benefits that are extended to the unmarried daughter/divorced daughter will have to be extended to the widowed daughter as well.

In the result, the Writ Petition is allowed and the respondent authorities are directed to extend the benefit of freedom fighter family pension to the petitioner, without reference to the clarification No.112/51/2021-FF(HC) dated 25.08.2021. The respondent authorities shall settle the amounts payable to the petitioner, as expeditiously as possible, preferably, within a period of twelve weeks from the date of receipt of a copy of this order.