News By/Courtesy: Ayush Garg | 30 May 2020 20:05pm IST

HIGHLIGHTS

  • bench issued notice to the Centre and sought its response by July-end
  • One High Court said
  • Parashar said that Apex court previously agreed with the view of the Punjab and Haryana High Court saying that its 2016 verdict adopts a progressive and socially constructive approach to give benefit

 
The Supreme Court will now decide whether the freedom fighter's family pension is entitled to a divorced daughter like her unmarried or widowed daughter.
The decisions of the two high courts of the country are contrary to each other on this issue. One has ruled in favor of the divorced daughter, the other against her. In this way, the matter has now reached the Supreme Court.
Tulsi Devi, 56, hailing from Himachal Pradesh, challenged the Himachal Pradesh High Court's decision last year. The High Court had rejected her claim on the family pension of the freedom fighter, stating that there is no such rule.
A bench of Justices UU Lalit, Justice MM Shantanagoudar and Justice Vineet Sharan has sent a notice to the Center through video conferencing, asking the Center to reply by the end of July.
During the hearing, advocate Dushyant Parashar, appearing for Tulsi Devi, said the Himachal Pradesh High Court had committed serious illegality by not considering that petitioner being a divorced daughter was also dependent on Swatantrata Sainik Samman Pension being given to her late mother after the death of her father.
He said that a similar case of Khajani Devi had come up before the Punjab and Haryana High Court in 2016. The High Court, in its judgment, also considered a divorced daughter as an unmarried or widowed daughter eligible for freedom fighter family pension scheme. He said that the Punjab and Haryana High Court in 2016 case held that Swatantrata Sainik Samman Pension Scheme is intended to honor the valor of the uniformed people who laid down their lives or suffered for the cause of the country.
The Central Government challenged the Punjab and Haryana High Court's decision in the Supreme Court. The Supreme Court on September 27, 2019, upheld the High Court's decision to dismiss the Central Government's petition. The apex court had termed the High Court verdict as progressive and socially constructive.
Under the eligibility criteria for dependents for Swatantarta Sainik Samman Pension Scheme, 1980, the family includes (if the freedom fighter is not alive), mother, father, widower/widow if he/she has not since remarried, unmarried daughters.

THIS ARTICLE DOES NOT INTEND TO HURT THE SENTIMENTS OF ANY INDIVIDUAL, COMMUNITY, SECT, OR RELIGION ETCETRA. THIS ARTICLE IS BASED PURELY ON THE AUTHOR'S PERSONAL VIEWS AND OPINIONS THE EXERCISE OF THE FUNDAMENTAL RIGHT GUARANTEED UNDER ARTICLE 19(1)(A) AND OTHER RELATED LAWS BEING  FORCE IN INDIA FOR THE TIME BEING.

Section Editor: Pushpit Singh | 03 Jun 2020 14:06pm IST


Tags : Supreme Court, Swatantarta Sainik Samman Pension Scheme

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