On 10th August, a bench of Delhi High Court consisting of Justice V. Kameshwar Rao while hearing a petition was of the view that welfare schemes such as Swatantarta Sainik Samman Pension Scheme are intended to honour the valour of the uniformed people who laid down their lives or suffered for the cause of the country and thus, would not place any demeaning interpretation on the Scheme to deprive the unsung heroes of the country of benefits meant to ensure a life of dignity to their dependents.
Thus, the court urged the responded to look into the case of the petitioner who is a widow asking seeking the benefit of her father’s pension as it is her sole way of sustenance.
Facts of the case:
The present petition has been filed by the petitioner praying for issuing a writ in the nature of mandamus or any other appropriate writ or direction to the respondent to transfer of Freedom Fighter Pension granted under the scheme namely “SWATANTRATA SAINIK SAMMAN PENSION SCHEMEN” to the father of the petitioner in the name his sole dependent widow daughter Smt. Kolli Indira Kumari who is petitioner in the present case, with all arrears, in the interest of justice.
Contention of the petitioner:
The learned counsel for the petitioner, Mr. Mahesh Kumar Tiwari, contended the following:
- It was submitted that the petitioner is physically handicapped and mentally challenged and unemployed and also bedridden and after her husband’s demise, the petitioner was fully dependent upon her late father Sh.K.Appa Rao.
- It wass contended by Mr. Tiwari that the petitioner being the daughter of K.Appa Rao, was given the benefit of CGHS.
- It was argued that it is the settled position of law inasmuch as para 5.2.5 of the Pension Scheme has been interpreted to include widowed / divorced daughters also. Thus there is no impediment for the respondents to grant the benefit of the Pension Scheme and disburse the same in favour of the petitioner.
Contention of the respondent:
The following contention has been submitted by Mr. Chetan Sharma, learned ASG assisted by Mr. Sandeep Tyagi in justifying the impugned action of denial of the benefit of pension to the widowed daughter in view of para 5.2.5 of the Pension Scheme:
- It was submitted that the petitioner’s claim was examined under the provisions of Pension Scheme and the same was rejected vide letter dated February 12, 2020 as widowed / divorced daughters are not eligible for Samman Pension in terms of para 5.2.5 of Pension Scheme.
- It was further argued that the petitioner did not meet the requirement under the Pension Scheme, hence she is not entitled.
Observation and judgement of the court:
The Hon’ble bench of the court observed the followed:
- An unmarried daughter finds mention in the list of eligible dependents. It would, thus, be a travesty to exclude a divorced daughter.
- There would be no rationality to the reason that the unmarried daughter can be included in the list of eligible dependents and a divorced daughter would stand excluded, particularly when she is the sole eligible dependent and thus, qualifies for the benefit, which is concededly made admissible only to one dependent.
- He bench also reiterates the Calcutta High Court in reading 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.
Accordingly, the writ petition was allowed. The respondent was urged to consider within eight weeks, the case of the petitioner for grant of dependent pension under the Pension Scheme to the petitioner, if she satisfies the other conditions as contemplated under the Scheme.
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