MOSMAT SABITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This letters patent appeal arises from writ petition, CWJC No. 3643 of 1995, which the appellant had preferred for a direction to the respondents to grant her family pension under the Freedom Fighter's Scheme, and quashing of an order by which the freedom fighter's pension earlier granted to her husband was cancelled. The relevant facts are as follows.

(2.) The appellant claims to be widow of Late Laxmi Narayan Gupta, a professed freedom fighter. According to the appellant, her aforesaid husband had suffered imprisonment for eight years in connection with different cases in course of Freedom Movement. He applied for freedom fighter's pension which was allowed provisionally on 16th January, 1973 @ Rs. 200/- per month with effect from 15th August, 1972. He received pension-upto April, 1979. On 16th April, 1979 on receipt of complaint payment of pension was suspended pending enquiry add he was asked to show cause. Finally on 5th September, 1984 the grant of pension was cancelled with effect from 16th April, 1979. Her husband died sometime thereafter on 29th October, 1985. On 26th September, 1987 a certificate case being Case No. 1/87-88 was initiated for recovery of the amount paid as pension to her husband. The appellant challenged the certificate proceeding by way of writ petition in this Court in CWJC No. 7522 of 1994. This Court in its order dated 13th December, 1994 took the view that since the husband was already dead and the order of cancellation cannot be given retrospective effect, the appellant should not be asked to refund the amount already received by her husband, and, accordingly quashed the certificate proceeding. In the meantime, it is stated, the-appellant had filed an application for grant of family pension under the Freedom Fighter's Pension Scheme. She ultimately came to this Court in CWJC No. 3643 of 1995, giving rise to the present appeal, seeking quashing of the aforesaid order dated Sth September, 1984 cancelling the grant of pension to her, husband, and for direction for payment of family pension to her as indicated at the outset. The learned Single Judge dismissed the writ petition by his order dated 13-12-95 holding that the appellant could be held entitled only if her husband was a freedom fighter, and since from the materials on record it appears that her husband was a criminal being convict in several cases under Sections 395,396 and other Sections of the Indian Penal Code, no relief could be granted to her and, accordingly, dismissed the writ petition.

(3.) There is no dispute at the bar that in terms of the relevant pension scheme the widow of a freedom fighter, who was allowed freedom fighters' pension during his lifetime, is not automatically entitled to' family pension on his death. She has to make an application for such grant and the same can be allowed only after enquiry etc. Where the pension was allowed to the person but the same was later cancelled so long as. cancellation stands, his widow can be entitled to any family pension. There cannot be any doubt that the wife does not stand on any better footing than the husband and she can get family pension only if her husband was entitled to freedom fighter's pension.