PHILOMINA.K. A. Vs. DISTRICT COLLECTOR, ALAPPUZHA AND ANR.
LAWS(SC)-2016-4-64
SUPREME COURT OF INDIA
Decided on April 26,2016

Philomina.K. A. Appellant
VERSUS
District Collector, Alappuzha And Anr. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The facts which are not in dispute are that the appellant is the unmarried daughter of a veteran freedom fighter. Father of the appellant was given freedom fighter's pension under the Kerala Freedom Fighter's Pension Rules, 1971 (hereinafter referred to as "the 1971 Rules" ) promulgated by the respondents. He started getting this pension w.e.f. 01.04.1971 till his death on 11.07.1985. The Rules postulate grant of pension after the demise of the pensioner to his widow/ minor sons/ unmarried daughters etc., as well. Because of this reason, mother of the appellant started getting pension after the demise of her father. She continued to get this pension till 13.09.2012 when she also passed away. The appellant applied for the said pension on the ground that she was unmarried daughter of the veteran freedom fighter and, therefore, she is entitled to get the pension under the 1971 Rules.
(3.) It may be noted that by Order dated 02.05.2012, Rule 11A was inserted in the said Rules as per which the Government has the power of sanction of pension to dependent widowed daughter/divorced daughter till their remarriage or death and also to the physically/mentally disabled dependent son/daughters.;


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