UNION OF INDIA Vs. KOLLI UDAY KUMARI

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 10/8/2021 rendered by the learned Single Judge in W.P.(C) 7343/2020. Before the learned Single Judge, the respondent (who we are told expired after the impugned judgment was rendered, but before the institution of the appeal) had assailed the communication dtd. 12/2/2020 issued by the appellant i.e., Union of India [hereafter referred to as "UOI"], whereby a request for grant of pension under the Swatantrata Sainik Samman Pension Scheme, 1980 [hereafter referred to as "1980 Scheme"] was rejected, based on the provisions of para 5.2.5 of the guidelines issued by the UOI on 6/8/2014 [hereafter referred to as "2014 Guidelines"].

(2.) The learned Single Judge was not impressed with this reasoning as, according to him, the issue was no longer res integra in view of the judgement delivered by a Division Bench of the Punjab and Haryana High Court in Khajani Devi vs. Union of India and Others, 2016 SCC OnLine P&H 15867.

(3.) Besides in Khajani Devi's case, the learned Single Judge also took note of the judgments rendered by two Single Judges of the Punjab and Haryana High Court and the Calcutta High Court.