Delhi HC – The New Indian Express


Through PTI

NEW DELHI: Delhi High Court overturned central government order that declared widowed or divorced daughter of deceased freedom fighter not eligible for dependents pension under her scheme pension Swatantrata Sainik Samman.

Judge V Kameswar Rao, who was hearing a challenge to the order filed by a widowed daughter of a deceased freedom fighter, asked the Center to review the request for a pension for persons within eight weeks. dependent if it fulfills the other conditions envisaged in the plan.

The judge said he shared the view of other high courts in the country, which extended the benefit of the pension under the scheme to divorced and widowed girls who are dependent.

“This motion is allowed. The order under appeal dated February 12, 2020 is set aside. The defendants will consider the Applicant’s case for the award of a Dependent Pension under the Retirement Plan to the Applicant, if it meets the other conditions envisaged within the framework of the plan ”, ordered the court.

Referring to a decision of the High Court of Punjab and Haryana, the court noted that girls were not totally excluded from the scope of the program because an unmarried girl was mentioned in the list of people to eligible charges and that it would therefore be a travesty to exclude a divorced girl who is dependent.

“The Bench Division (of P&H HC) was of the view that the Liberalized / Special Family Pension and the Swatantarta Sainik Samman Pension Scheme are intended to honor the valor of those in uniform who have sacrificed their lives or suffered for the cause of the country. and thus, would not place any demeaning interpretation on the regime to deprive the unsung heroes of the country of advantages intended to ensure a dignified life for their dependents ”, declared the court.

In this case, the deceased freedom fighter, who was receiving benefits from the scheme, died in November 2019 and left behind his widowed, physically disabled, mentally disabled, unemployed and bedridden daughter.

In February 2020, the Center sent her a communication indicating that her dependent application had been rejected because the revised policy guidelines did not consider a widowed / divorced girl to be eligible.

The widowed daughter then went to the High Court through her lawyer Mahesh Kumar Tiwari, claiming that denying her the benefit of the pension plan was against the established position of the law.


Thelma J. Longworth

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