ORDER

This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-

2 W.P. No.11668/2021 "7.1 That, the issues of writ and in nature and certiorari to directing the respondents authority to pay life time allowances wife of the freedom fighter from 01.04.2015 to 06.09.2018.

7.2 That, the Hon'ble Court may kindly be pleased to call to entire record of family pension of petitioner's mother from the respondent authority to non-payment of Swatantrata Sangram Samman Nidhi from 01.04.2015 to 06.09.2018.

7.3 That, the Hon'ble Court may kindly be please to direct Respondent No.1 and 2 to release the family pension to Swatantrata Sangram Samman Nidhi for the period from 01.04.2015 to 06.09.2018.

7.4 Any other relief which deemed to fit and proper to may kindly be granted."

2. It is the case of petitioner that his father was a freedom fighter and accordingly, he was getting Swatantrata Sangram Samman Nidhi. After his death, mother of petitioner also started getting Swatantrata Sangram Samman Nidhi being the dependent of freedom fighter. However, from 01/04/2015 Swatantrata Sangram Samman Nidhi was stopped. Mother of petitioner expired on 06/09/2018. Therefore, it is the case of petitioner that respondents are under obligation to release Swatantrata Sangram Samman Nidhi which was payable to his mother from 01/04/2015 to 06/09/2018.

3. Per contra, petition is vehemently opposed by counsel for the respondents. It is submitted by counsel for respondent No.2 that earlier Central Government had stopped Swatantrata Sangram Samman Nidhi to the dependents and thereafter, it was restarted. Accordingly, by letter dated 18/03/2016, mother of petitioner was directed to submit her 3 W.P. No.11668/2021 information in form VI & VII but the same was not done and ultimately, she expired in the year 2018.

4. Heard learned counsel for the parties.

5. From the submissions made by counsel for the parties, it appears that payment of Swatantrata Sangram Samman Nidhi was stopped on account of non-furnishing of relevant information as sought by respondent No.2 as per the provisions of Annexure VII. Respondent No.2 has filed a copy of guidelines for disbursement of Central Samman Pensions which were to be followed by authorized public sector banks.

6. Clause 5.2.3 of said guideline reads as under:- "5.2.3 The spouse/ daughter must fulfill twin conditions of being "unmarried" and "having no independent source of income". They have to submit two certificates (As per Annexure-VI & Annexure-VII) to the Bank every year."

7. It is the case of respondent No.2 that since mother of petitioner did not submit the information, therefore Swatantrata Sangram Samman Nidhi was not paid to her.

8. The word "independent source of income" is subjected to various interpretations and accordingly, in the guidelines itself clause 6.1.1 reads as under:-

"6.1.1 The independent source of income has been a cause of great confusion amongst the bankers and therefore, the following is clarified."

9. Clause 6.1.2 reads as under:- "6.1.2 The banks must ensure that a dependent pension is not sanctioned to a spouse or a daughter of a freedom fighter if:-

4 W.P. No.11668/2021 (i) The spouse/ daughter is already employed in a 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.

Explanation-I:

As a thumb Rule, if a spouse/ daughter is already receiving one salary/ pension (excluding the State Freedom Fighters' pension), either due to his/her o