REEJA LATHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner challenges the validity of the Central Swatantrata Sainik Samman Pension Scheme, 1980 to the extent it confers eligibility only to dependent unmarried daughters for grant of Freedom Fighters' Dependent Pension, after the death of the freedom fighter and his widow and the provision contained in clause.5.2.5 of Ext.P-8, wherein it is stated that the widowed/divorced daughter of a freedom fighter is not eligible for such pension. The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.M.Dinesh, learned counsel appearing for the petitioner and Sri.Suvin R.Menon, learned Central Government Counsel (CGC) appearing for the respondents.

(3.) The petitioner's father was granted Freedom Fighters' Pension under the Central Swatantrata Sainik Samman (SSS) Pension Scheme, 1980 by the 1st respondent-Union Government. The petitioner's mother (the wife of the freedom fighter), had pre-deceased the freedom fighter. Later, the freedom fighter (petitioner's father) had died on 28.01.2004. The petitioner is one among the legal heirs of the deceased freedom fighter and his widow. The petitioner had married and had later divorced as per Ext.P-5 judgment and decree dated 05.10.2013 granted by the Family Court, Attingal in O.P(HMA)No.813/2013. Thereafter, the petitioner had submitted letter dated July, 2017 to the respondents claiming that she is entitled for the grant of Freedom Fighters' Dependent Pension under the Central Scheme, being the divorced daughter of the deceased freedom fighter. The said request made by the petitioner had been rejected by the competent authority among the respondents as per Ext.P-7 letter dated 15.09.2017, wherein it has been clearly stated that under the Scheme, only the dependent widow and dependent unmarried daughter of the deceased freedom fighter are eligible for the grant of dependent pension under the Central Scheme and that widowed/divorced daughter is not eligible for the Samman Pension etc. The respondents 1 and 2 had filed a counter affidavit dated 08.02.2018.