SAVITRI DEVI BORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner no. 2 before this Court claims his descendant to a freedom fighter from the side of his mother and hence claims benefit of reservation in service being dependent of freedom fighter, where admittedly 2% horizontal reservation is given to the dependents of freedom fighters.

(2.) In the State of Uttarakhand, however, the definition of the "dependent" was more or less the same as given in t the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom-Fighters and Ex-Servicemen) Act, 1993, which is applicable in the State of Uttarakhand in view of Sec. 87 and 88 of the U.P. Reorganistion Act, 2000 as the same has been adopted by the State of Uttarakhand. Now this position has somewhat changed with the clarification by the State by the Government Order dtd. 16/9/2011, where the definition of "dependent of freedom fighter" has been given as under:-

(3.) A bare perusal of the aforesaid provision would show that in case of a grandson or a granddaughter though reservation benefits can be taken, but only where the son or the daughter traces descendant to freedom fighter through his/her father and not through his/her mother. In other words, the daughter of a freedom fighter though would be entitled for the benefit of reservation but this benefit will not pass on her son or her daughter (whether married or unmarried).