Union Of India vs Kolli Uday Kumari - 2023 Supreme(Del) 262

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 262

RAJIV SHAKDHER, TALWANT SINGH
Union Of India – Appellant
Versus
Kolli Uday Kumari – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr Harish Vaidyanathan Shankar, CGSC.
For the Respondent:Mr Mahesh Kumar Tiwari, Advocate.

JUDGMENT :

RAJIV SHAKDHER, J.

TABLE OF CONTENTS

Preface:………………………………………………………………1

Submissions of the Counsels:...……………………………………...6

Reasons and Analysis: ……………………………………………..10

Conclusion:…………………………………………………………19

Preface:

1. This appeal is directed against the judgment dated 10.08.2021 rendered by the learned Single Judge in W.P.(C) 7343/2020. Before the learned Single Judge, the respondent (who we are told expired after the impugned judgment was rendered, but before the institution of the appeal) had assailed the communication dated 12.02.2020 issued by the appellant i.e., Union of India [hereafter referred to as “UOI”], whereby a request for grant of pension under the Swatantrata Sainik Samman Pension Scheme, 1980 [hereafter referred to as “1980 Scheme”] was rejected, based on the provisions of para 5.2.5 of the guidelines issued by the UOI on 06.08.2014 [hereafter referred to as “2014 Guidelines”].

1.1. For the sake of convenience, the deceased respondent would be referred to as Ms Indira Kumari, unless the context requires otherwise.

1.2. In short, the reason furnished for declining Ms Indira Kumari’s request for grant of pension was that a “widowed/divorced daughter” was not eligible