The central legal point established in the judgment is the obligation of the authorities to act in a just and appropriate manner in sanctioning pensions to eligible beneficiaries, and the condemnation of hypertechnical objections and inaction that obstruct the rightful disbursement of pensions.

JUDGMENT

Raj Mohan Singh, J.(Oral) - Petitioner has preferred this writ petition under Article 226 of the Constitution of India for the issuance of an appropriate writ especially in the nature of mandamus directing the respondents to grant dependent family pension to the petitioner husband under the Swatantrata Sainik Samman Pension Scheme w.e.f. 03.11.2017 i.e. the date of death of her husband and to grant the arrears of pension to the petitioner along with interest @12% p.a. from the date the same became due till final realization of the amount.

2. Admittedly, the husband of the petitioner namely Sh. Ram Saroop was a freedom fighter and was drawing freedom fighter pension vide the PPO No.MHAFF7237138(6406/FF/ Cent.) under the Swatantrata Sainik Samman Pension Scheme. Husband of the petitioner died on 03.11.2017. Husband of the petitioner was also drawing State Freedom Fighter Pension from the State of Punjab. The State of Punjab has already sanctioned dependent's freedom fighters pension to the petitioner. After the demise of her husband, petitioner became entitled to freedom fighter pension as per para No.2 of the Pension Payment Form which has the following recital:-

'2. In the event of death of Sh./Smt. Ram Saroop, family pension of Rs.750/- per month may be paid to Smt./Sh. Vidya Devi from the day following the date of death of Sh./Smt. Ram Saroop till the date of her/his remarriage or death, whichever is earlier (on receipt of death certificate and form of application from widow/widower).'

3. The dependent's family pension under the SSS Pension Scheme 1980 is governed by the Policy circular dated 30.12.2015. Husband of the petitioner was never employed in any Government service, nor was drawing any pension therefrom, except the central freedom fighter pension under the SSS Pension Scheme 1980 as well as the State freedom fighter pension from the State of Punjab. According to the aforesaid memorandum dated 30.12.2015, dependent's family pension under the SSS Pension Scheme 1980 cannot be granted to the dependent if:-

'(i) The spouse/daughter is already employed in Central or a State Government, Central/State PSU or local body.

(ii) In case the spouse/daughter is working in a private sector or having his/her own business/activity then income from such job/activity exceeds Rs.20,000/- per month. (iii) The spouse/daughter should not be receiving a pension/salary on account of his or her own job or by virtue of the previous employment of the deceased freedom fighter.'

4. According to explanation 1, if the spouse is already receiving the State freedom fighter pension, then the same has to be excluded from the aforesaid disentitlements of the spouse. According to the elaborated criteria, the petitioner fulfilled both the twin conditions by falling into the eligible category of relationship being widow and is not having any independent means of livelihood.

5. As per para 6.1.2 of the revised policy guidelines, the Bank must ensure that the dependent pension is not sanctioned to a spouse, if:-

'(i) The spouse/daughter is already employed in a Central or a State Government, Central/State PSU or local body and income from such job/activity exceeds Rs.2,40,000/- per year or Rs.20,000/- per month.

(ii) In case the spouse/daughter is working in a private sector or having his/her own business/activity then income from such job/activity exceeds Rs.2,40,000/- per year or Rs.20,000/- per month.

(iii) The spouse/daughter is receiving a pension/salary on account of his or her own job or by virtue of the previous employment of the deceased freedom fighter and income from such job/activity exceeds Rs.2,40,000/- per year or Rs.20,000/- per month.'

6. Petitioner is only drawing State freedom fighter pension and is eligible for grant of dependent's family pension under the SSS Pension Scheme 1980. Admittedly, the petitioner on the basis of such status is already drawing dependent's State freedom fighter pension from the State of Punjab. The petitioner ap