28.02.2025 Court No.13 Item No.2 sudipta AST 186 of 2013 with I.A. CAN 1 of 2013 (Old No. CAN 10676 of 2013)

and I.A. CAN 2 of 2020 (Old No. CAN 1323 of 2020)

Nilima Jana Vs.

The Union of India & Ors.

Mr. Bhaskar Chandra Manna ….for the appellant.

Mr. Debapriya Samanta …. For the UOI.

1. The appeal is directed against the judgment and order dated 10^th September, 2013 passed in WP 7836 (W) of 2009 read with WP 24985 (W) of 2013 (Nilima Jana Vs. Union of India & Ors.)

2. The facts of the case are that the petitioner’s father was enjoying freedom fighter pension under the Swatantrata Sainik Samman Pension Scheme of the Central Government. After the death of the petitioner’s father, her mother was automatically receiving pension.

3. The petitioner is the divorced daughter of the late freedom fighter. She claims that in terms of similar rules prevalent under the State Government and other Central Government, she ought to be granted pension as a divorced daughter, since after the death of her mother who was enjoying freedom fighter pension on account of the late father freedom fighter.

4. It appears that incorrect submissions have been made before the Single Bench which prompted the Court to dis