M. JOICE Vs. GOVERNMENT OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is a daughter of a freedom fighter. Her father, during his life time, was awarded freedom fighters' pension and it was continuously received by him and after his death, his family was also receiving the same. But, suddenly, based on a certificate issued by the District Collector, the pension was discontinued. Aggrieved over the same, the petitioner is before this Court.

(2.) According to the learned Counsel for the petitioner, the petitioner is a mentally retarded person and she is represented by her brother before this Court. She is solely depending on the freedom fighters' pension given to them and that has been abruptly stopped on the basis of a certificate without conducting any enquiry on the same. In such circumstances, the petitioner seeks to set aside the same and continue to pay the freedom fighters' pension to her.

(3.) Controverting the contentions made by the learned Counsel for the petitioner, the learned Counsel for the first respondent would submit that married daughters are not entitled to receive the freedom fighters' pension as per the conditions set out in the scheme. It is not that the respondents on their own, have discontinued the pension, but it is based on a certificate issued by the District Collector, who is a competent person to recommend the case to the Central Government. Therefore, there is no infirmity in the order passed by the first respondent and the same need not be interfered with.