VIDYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has preferred this writ petition under Article 226 of the Constitution of India for the issuance of an appropriate writ especially in the nature of mandamus directing the respondents to grant dependent family pension to the petitioner husband under the Swatantrata Sainik Samman Pension Scheme w.e.f. 3/11/2017 i.e. the date of death of her husband and to grant the arrears of pension to the petitioner along with interest @12% p.a. from the date the same became due till final realization of the amount.

(2.) Admittedly, the husband of the petitioner namely Sh. Ram Saroop was a freedom fighter and was drawing freedom fighter pension vide the PPO No.MHAFF7237138(6406/FF/ Cent.) under the Swatantrata Sainik Samman Pension Scheme. Husband of the petitioner died on 3/11/2017. Husband of the petitioner was also drawing State Freedom Fighter Pension from the State of Punjab. The State of Punjab has already sanctioned dependent's freedom fighters pension to the petitioner. After the demise of her husband, petitioner became entitled to freedom fighter pension as per para No.2 of the Pension Payment Form which has the following recital:-

(3.) The dependent's family pension under the SSS Pension Scheme 1980 is governed by the Policy circular dtd. 30/12/2015. Husband of the petitioner was never employed in any Government service, nor was drawing any pension therefrom, except the central freedom fighter pension under the SSS Pension Scheme 1980 as well as the State freedom fighter pension from the State of Punjab. According to the aforesaid memorandum dtd. 30/12/2015, dependent's family pension under the SSS Pension Scheme 1980 cannot be granted to the dependent if:-