KHAJANI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) During 25th Anniversary of the Independence, a Central Scheme for the grant of pension to freedom fighters and their families from Central Revenue was introduced by the Government of India. The Scheme commenced from 15.08.1972 and provided for the grant of pension to living freedom fighters and their families; if they are no more alive, to the families of martyrs. However, the benefit of pension scheme was extended w.e.f. 01.08.1980 to all the freedom fighters as a token of "Samman" to them.

(2.) In brief, Norang father of the petitioner was a freedom fighter and was getting freedom fighter pension. He expired on 08.02.1994 followed by his wife on 12.06.1995. The petitioner is the only daughter of her parents, Norang had adopted his brother's sons, namely, Prem, who has also expired. The petitioner got married to Ram Kishan S/o Maman, R/o village Dhani Dhirja on 30.04.1972 but has no issue from the said wedlock. She has been divorced by an ex-parte decree of divorce dated 07.10.1989. She has been living with her parents. After their death, she has been granted dependent family pension being an unemployed daughter. She was also getting Rs. 4,395.00, as some share of the pension from the Haryana Government in terms of the Haryana Swatantarta Sainik Samman Pension Scheme, which has now been stopped because one Rohtash has filed a civil suit against her alleging that she has been fraudulently claiming the pension being not an unmarried daughter of the freedom fighter.

(3.) The case set up by the petitioner is that the petitioner is also entitled to pension as a divorced/unemployed daughter of the deceased freedom fighter in the same manner in which the widow/unmarried/unemployed daughter of the deceased freedom fighter is being paid the pension.