Himachal Pradesh High Court
Tulsi Devi (Divorced) D/O Late Smt. ... vs Union Of India And Another on 18 July, 2019
Bench: Dharam Chand Chaudhary, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1504 of 2019
.
Decided on: 18.7.2019
Tulsi Devi (divorced) D/o late Smt. Kaushalya Devi
...Petitioner.
Versus
Union of India and another
... Respondents.
................................................................................................
Coram
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Guna Nand Verma, Advocate.
For respondents. : Mr. Rajesh Kumar Sharma,
Assistant Solicitor General of India
for respondent No.1.
: Mr. Ashok Sharma, Advocate
General with M/s J.K. Verma,
Adarsh K. Sharma and Ashwani
Sharma, Additional Advocate
Generals and Mr. Nand Lal
Thakur, Dy. Advocate General for
respondent No.2.
Dharam Chand Chaudhary, J (oral)
Notice. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, and Mr. Nand Lal Thakur, Deputy 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 29/09/2019 00:56:26 :::HCHP 2Advocate General, appear and waive service of notice on behalf of respective respondents.
.
2. The petitioner claims herself to be a divorcee daughter of late Sh. Gopal Ram, who was a Freedom Fighter and the pension under Freedom Fighter's Scheme was granted to her mother, Smt. Kaushalya Devi. Her mother Smt. Kaushalya Devi has expired on 17.10.2018. During her lifetime, she made a representation to the Hon'ble Prime Minister of India, requesting therein to continue to pay the pension granted to her under the Scheme, namely, 'Swatantrata Sainik Samman Yojana' to the petitioner, her divorcee daughter. The representation so made was considered by the respondent/Union of India and vide letter dated 5 th September, 2018, Annexure P-5, late Smt. Kaushalya Devi was informed that divorced daughter of deceased Freedom Fighters' are not eligible for pension under 'Swatantrata Sainik Samman Yojana'. The request so made was, therefore, not acceded. The petitioner with the help of the instances where the divorcee daughter is eligible for pension are in respect of Armed Forces Personnel and Central Government Employees has claimed the pension to be granted to her under the 'Swatantrata Sainik Samman Yojana'. In the cases of 'Armed Forces Personnel' or for that matter Central/State Government Pensioners, their divorced daughters ::: Downloaded on - 29/09/2019 00:56:26 :::HCHP 3 are entitled to the pension, however, when in the 'Swatantrata Sainik Samman Yojana', there is no such provision and rightly so, because .
the 'Swatantrata Sainik Samman Yojana' has been launched 'as a mark of respect' to the Freedom Fighters, whereas in the case of Armed Forces Personnel or the Central/State Government Pensioners/Employees, the pension is not a 'bounty', but it is the 'property', they earned during their service career, therefore, the petitioner under 'Swatantrata Sainik Samman Yojana' cannot claim the grant of pension.
We, therefore, find no merit in the present writ petition, the same is dismissed. Pending Miscellaneous applications, if any, also stand disposed of.
(Dharam Chand Chaudhary) Judge (Jyotsna Rewal Dua) Judge 18th July, 2019 (Guleria) ::: Downloaded on - 29/09/2019 00:56:26 :::HCHP