UNION OF INDIA THROUGH SECRETARY HOMETO THE GOVT OF INDIA Vs. BADAMO DEVI

JUDGEMENT

(1.) THE 1st respondent, Union of India, has preferred the present Letter Patent Appeal, through its Secretary in the Department of Home against the judgment passed by learned Single Judge on 4.1.2011 in CWP No.1259 of 2008.

(2.) THE 1st respondent (hereinafter referred to as the writ petitioner) had filed the writ petition with the following prayers:-

(3.) AT the very outset, we deem it appropriate to point out that the learned Single Judge has only issued a direction to the appellant-first respondent to consider the case of the writ petitioner and her co-widow Gurdei for grant of 'Swatantarta Sainik Samman Pension' in accordance with 'Swatantarta Sainik Samman Pension Scheme, 1980', if on facts her case was covered under the judgment in Sant Ram's case cited supra. A perusal of grounds of appeal reveals that during the course of proceedings in contempt petition No.202 of 2011 filed by the writ petitioner with the prayer to initiate contempt proceedings against the 1st respondent for non implementation of the impugned judgment though later on was ordered to be converted into an execution petition, the said respondent in compliance to the directions of this Court during execution proceedings has sanctioned the 'Swatantarta Sainik Samman Pension' in favour of the writ petitioner and her co-widow Smt. Gurdei provisionally w.e.f. 3.1.2012, in relaxation of the eligibility criteria and evidentiary requirements under the Scheme, however, subject to the outcome of the present appeal.