Read Time: 08 minutes

The Delhi High Court in a recent judgement said that widowed daughter of a freedom fighter who is dependent  is entitled to the “Swatantrata Sainik Samman Pension Sceme”.

The single judge bench of Justice V Kameswar Rao hence directed the Union Government to consider case of the petitioner who was the widowed daughter of Freedom Fighter Shri K Appa Rao for grant of dependent pension under the Swatantrata Sainik Samman Pension Scheme.

The Case of the petitioner is that in the year 1972 the Government of India had, during 25th Anniversary of the Independence framed a central scheme for grant of pension to freedom fighters and their families from central revenue. The Scheme commenced from August 15, 1972 and provided for grant of pension to living freedom fighters and their families and if they are no more alive, to the families of martyrs. The benefit of the said Scheme was extended with effect from August 01, 1980 to all the freedom fighters as a token of ‘SAMMAN’ to them under the scheme namely “SWATANTRATA SAINIK SAMMAN PENSION SCHEME”  The father of the petitioner was granted the benefits of the said Scheme. He died on November 01, 2019 leaving behind his widowed daughter, the petitioner herein, who is physically handicapped and mentally challenged and unemployed and also bed ridden. It is the case of the petitioner that the husband of the petitioner late Sh. Kolli Lakshmana Rao working in private sector had also died on October 26, 2000 and after her husband’s demise, the petitioner was fully dependent upon her late father Sh.K.Appa Rao. It is contended by Mr. Tiwari that the petitioner being the daughter of K.Appa Rao, was given the benefit of CGHS.

After the death of her father, the petitioner filed an application on November 11, 2019 with all necessary documents for disbursal of pension to her, in Bank of Baroda Visakhapatnam. On receipt of the application, the Bank of Baroda vide its letter dated December 17, 2019  requested the  Governmnet to transfer the freedom fighter pension to the petitioner. On February 12, 2020, the Government  sent a communication to the petitioner rejecting the request of the petitioner in terms of the revised policy guidelines which states that widowed / divorced daughter is not eligible for Pension.

The petitioner argued that Pension Scheme includes a widowed daughter and the fact that there is no dispute that the petitioner is a widowed daughter of Sh. K. Appa Rao, there is no impediment for the respondents to grant the benefit of the Pension Scheme and disburse the same in favour of the petitioner.

The Court relying on the The Division Bench judgement of the Punjab and Haryana High court in Khazani Devi vs. Union of India and Ors. Said that "the division bench  was of the view that both the liberalized/special family pension and Swatantarta Sainik Samman Pension Scheme are intended to honour the valour of the uniformed people who laid down their lives or suffered for the cause of the country and thus, would not place any demeaning interpretation on the Scheme to deprive the unsung heroes of the country of benefits meant to ensure a life of dignity to their dependents. The Division Bench accepted the appeal and directed that the benefit of Swatantarta Sainik Samman Pension Scheme shall be admissible to the divorced daughter as well.The said judgment has attained finality inasmuch as the Supreme Court has rejected the SLP filed by Union of India and also the review petition vide orders dated September 27, 2019 and January 19, 2021."

The Court concurring with the view taken by Punjab & Haryana High Court as well as Calcutta High Court, directed the government to consider the case of the petitioner for grant of dependent pension under the Pension Scheme to the petitioner, if she satisfies the other conditions as contemplated under the Scheme.

Case Title: Smt Kolli Indira Kumari vs UOI and ors