Page 1

'REPORTABLE' IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4454 OF 2016 (Arising out of SLP (C) No. 10128 of 2015)

PHILOMINA.K. A.                               ... Appellant VERSUS

DISTRICT COLLECTOR, ALAPPUZHA AND ANR.        ... Respondents

J U D G M E N T

A. K. SIKRI, J.

Leave granted.

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  Fighters'  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

1

Page 2

C. A. No. 4454/ 2016

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.   

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.   

The  appellant  gave  representation  dated  08.10.2012 claiming pension under the aforesaid Rule 11A.  As per the extant Rules, enquiry is to be made by the Village Officer to verify the contents of the application and the claim made therein.  In the instant case, Tehsildar under the Office of District Collector conducted this enquiry and submitted the report.  The District Collector submitted his report dated 30.11.2012, inter alia, stating as under:  

“The  applicant  was  residing  along  with  her  late mother.  She has not legally married so far.  However, she is having a son aged 25 years in her extramarital relationship.  The son got married and residing in his wife's house at Thumpoly.  The applicant Philomina is now residing along with her nephew.  She does not have any other income.  The matter is reported along with the application and annexed records herewith.”

He, thus, as per the aforesaid report, found that the appellant had not married.  She was, accordingly, unmarried

2

Page 3

C. A. No. 4454/ 2016

daughter of her late father who was given freedom fighters' pension  under  the  aforesaid  Rules.   No  doubt,  it  was mentioned therein that she had a son aged 25 years from her extra-marital relationship.  At the same time, during the enquiry, it was also found that the said son got married and was residing in his wife's house at Thumpoly, whereas the appellant is resident of Alappuzha and is residing along with her nephew.  The fact that she is residing with her nephew also shows that there is no other person, after her parents passed away, to take care of her.  It is also categorically found that she does not have any other income.   

Notwithstanding  the  above,  her  request  for  grant  of pension was turned down on the ground that she is having a son who is 25 years old and on this basis, it was concluded that she was not dependent on her parents.  Same view is taken  by  the  learned  Single  Judge  of  the  High  Court dismissing the writ petition filed against the order of the District Collector and the Division Bench vide the impugned judgment has affirmed this view.  

Relevant Rule with which we are concerned in this case is Rule 10 which reads as under: -

“10.  The  widow/minor  sons/unmarried  daughters  who have not otherwise become independent of a Freedom Fighter who has been sanctioned a pension under rule 6  shall  be  eligible  to  the  continuance  of  the pension.”

3

Page 4

C. A. No. 4454/ 2016

As  per  the  aforesaid  Rule,  unmarried  daughters  are eligible  for  freedom  fighter's  pension  and  they  become ineligible only if they are independent.  This independence is also related to the freedom fighter who was getting the pension.   

In the instant case, from the facts disclosed above, it becomes  manifest  that  the  appellant  been  an  unmarried daughter of late Shri Anthrayose Kariyadiparambu, a freedom fighter and late Stella Anthrayosegi, who never got married. As per the report of the Tehsildar, she had no income.  She started  living  with  her  nephew  after  the  demise  of  her parents.  Thus, she never became independent of her father, a freedom fighter.  The High Court has committed an error in relying upon the fact that she has a son who was born of extra-marital relationship of hers with somebody ignoring the fact that he did not live with the appellant and is living with his wife at his wife's house.  We are, therefore, of the opinion that all the ingredients which are required to be satisfied  to  earn  pension  as  per  Rule  10  above  stand satisfied in the instant case.   

We, accordingly, allow this appeal setting aside the impugned  judgment  and  hold  that  the  appellant  shall  be entitled to pension w.e.f. 14.09.2012, as her mother passed away  on  13.09.2012.   The  respondents  shall  start  paying pension to the appellant within one month from today and

4

Page 5

C. A. No. 4454/ 2016

insofar as arrears are concerned, the same shall be paid within two months.

......................, J. [ A.K. SIKRI ]

......................, J. [ R.K. AGRAWAL ]

New Delhi; April 26, 2016.

5