JUDGMENT

The petitioner seeks a declaration that the exclusion of divorced daughters from the definition of eligible dependent family members under the ' Swatantrata Sainik Samman Pension Scheme ’, 1980, is unconstitutional and also seeks a mandamus to the respondents to extend the benefit to the petitioner. There is also a prayer to quash Ext.P2, through which the claim is rejected on the ground that the divorced daughters are not eligible for the dependent family pension.

2. The petitioner is the daughter of a deceased Freedom Fighter who received a pension under the aforesaid Scheme. Upon his demise, the pension was transferred to the petitioner’s mother, who continued to receive the same until her death on 13.05.2011. The petitioner, being a divorcee, applied for continuation of the pension after the death of her mother. However, her claim was rejected by Ext. P2 communication dated 04.04.2014 on the ground that she is a divorced daughter