G.S.SINGHVI, J. - (1.) This appeal is directed against order dated 1.3.2004, passed by the learned Single Judge in Special Civil Application No. 3994 of 2002, whereby the appellant's claim for grant of pension under Swatantra Sainik Samman Pension Scheme, 1980 (for short "the Scheme of 1980"), was rejected. The appellant's father Shri Maganlal Bikhabhai was declared as freedom figher. Vide order dated July 3, 1973, the Government of India sanctioned pension in his favour under Swatantra Samman Pension Scheme, 1972, which was, later on, replaced by the Scheme of 1980. He continued to draw pension till his death on 23.2.1999. He was survived by four sons and three daughters including the appellant, all of whom were married during his life time. However, the marriage of the appellant is said to have been dissolved vide deed dated 20th April, 1998.
(2.) After the demise of her father, the appellant represented to the concerned authority of the Government of Gujarat for grant of pension under the Scheme of 1980, by claiming herself to be the dependent of the deceased. The concerned authority asked her to approach the Government of India, which had the power to sanction pension to the freedom fighters and their dependents. Thereupon the appellant made representation to the Government of India. The latter rejected the appellant's claim on the premises that the Scheme of 1980 does not contemplate grant of pension to the divorcee daughter.
(3.) The appellant challenged the decision of the Government of India in Special Civil Application No. 3994 of 2001. She pleaded that being a dependent of the deceased freedom fighter, she was entitled to receive pension.;