RAMA DEVI Vs. UOI
LAWS(DLH)-2012-8-113
HIGH COURT OF DELHI
Decided on August 14,2012

RAMA DEVI Appellant
VERSUS
UOI Respondents

JUDGEMENT

- (1.) VIDE the instant petition, petitioner is seeking quashing of the letter dated 03.03.2010, 18.03.2010 and 26.03.2010, whereby the respondents had suspended the pension of the petitioner under Swatantrata Sainik Samman Pension for Freedom Fighter Scheme.
(2.) FURTHER sought Mandamus directing the respondents to continue paying the above said pension to the petitioner at such rate as admissible. The brief facts of the case are that husband of the petitioner was discharged from the Indian Army in 1964. In the year 1975, he came to know that those persons who had worked in the Indian National Army (INA) were entitled to separate pension called 'Freedom Fighter's Pension'. Thus, he along with 80 other persons, who were with him in Singapore made an application in the year 1980 for grant of Swatantrata Sainik Samman Pension meant for Freedom Fighters as per the Scheme issued by Ministry of Home Affairs. Based on the said application, a Screening Committee was constituted to look into the pending cases of INA Officers for grant of Swatantrata Sainik Samman Pension. The said Committee look into the case of the petitioner and after verifying the suffering undergone by the individuals of INA, recommended that these persons were entitled for the pension under the Scheme mentioned above.
(3.) THE husband of the petitioner was continuously getting the said pension w.e.f 23.11.1990. He died on 25.09.1994 and thereafter the petitioner being the widow of the Pensioner has been receiving the said pension. Thereafter, due to a family dispute, the son of younger brother of deceased husband of the petitioner made a complaint with the respondents for stopping the pension received by the petitioner. Based on the said complaint, respondents sent a notice to the petitioner asking her explanation to disclose as from which period, the husband of the petitioner had undergone any sufferings as required under the Swatantrata Sainik Samman Pension for Freedom Fighters Scheme, 1980.;


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