A divorced daughter is considered an eligible dependent under the Swatantrata Sainik Samman Pension Scheme, thus entitled to pension benefits.

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 and thus not an eligible dependent as per the scheme. The petitioner contends that, upon divorce, she falls within the category of an unmarried daughter for the purpose of the Scheme and is therefore entitled to the pension.

3. A similar issue was considered by the Delhi High Court in Kolli Indira Kumari v. Union of India [MANU/DE/1621/2021], where the question that arose was whether a widowed daughter of a freedom fighter is entitled to pension under the Swatantrata Sainik Samman Pension Scheme as a dependent of the freedom fighter. The Delhi High Court, relying upon the judgments of the Punjab and Haryana High Court in Khajani Devi v. Union of India and Others [MANU/PH/1950/2016] and the Calcutta High Court in Sonali Hatua Giri v. Union of India and Others [MANU/WB/0280/2021], held that a widowed or divorced daughter is entitled to pension under the Scheme.

4. The Calcutta High Court, in Sonali Hatua Giri (supra), held that the expression “unmarried” occurring in the Scheme must be interpreted to include widowed and divorced daughters, and that exclusion of such daughters would result in negation of the beneficial object of the Scheme. In Khajani Devi (supra) the Division Bench of Punjab and Haryana High Court held that a divorced daughter is entitled to the benefit of the said Scheme, observing that the object of the clause enumerating eligible dependents is only to ensure that one dependent receives the pension, and that there is no rational basis to include an unmarried daughter while excluding a divorced daughter, particularly when she is the sole eligible dependent. The Court further observed that a beneficial scheme ought not to be construed in a rigid or technical manner so as to defeat or frustrate its object.

5. It is worthwhile to note that this judgment of the Punjab and Haryana High Court has attained finality, as the Special Leave Petition filed against it was dismissed on 27.09.2019. The Review Petition was dismissed on 19.01.2021, and the Curative Petition was also rejected on 21.09.2022.

6. In view of the above, the writ petition is only to be allowed.

Ext.P2 is quashed. There will be a direction to the competent among the respondents to consider the claim of the petitioner for pension under the ' Swatantrata Sainik Samman Pension Scheme , 1980, in the light of the judgments mentioned above and pass appropriate orders granting the pension within three months from the date of receipt of a copy of this judgment.

The writ petition is allowed as above.

SD/-