KHAJANI DEVI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Single Judge dated 30.10.2015.

(2.) In existence is a Scheme known as "Swatantarta Sainik Samman Pension Scheme, 1980 (hereinafter referred to as "the Scheme"). Father of the petitioner, namely Norang, who was a freedom fighter and admitted to the benefit under the Scheme, died on 8.2.1994 leaving behind his wife, who died on 12.6.1995, survived by the appellant, who is his daughter, as the sole biological survivor, even though, Norang, during his life time, had adopted his brother's son, namely Prem, who had also expired. The appellant is a divorcee and thus, has prayed that in the given set of circumstances, she, being the sole surviving heir, was entitled to the benefit of pension being drawn under the Scheme by her late father and lastly by her widowed mother. The benefit has been denied to her on the ground of ineligibility as prescribed in the Scheme dated 15.8.1981. The relevant of which may be extracted herebelow:-

(3.) The learned Single Judge, after noticing that since a divorcee is not included in the list of eligible dependents, even though an unmarried daughter does find mention, negated the claim of the appellant which is now the cause of grievance to her.