Case Note & Summary
The writ appeal before the High Court of Kerala arose from a judgment in WP(C) No.14071 of 2025, in which a learned Single Judge had allowed the claim of a divorced or widowed daughter of a freedom fighter under the Swatantrata Sainik Samman Pension Scheme, 1980. The Union of India, represented by the Secretary, Ministry of Home Affairs, and the Deputy Secretary, challenged the Single Judge's decision, contending that the exclusion of divorced and widowed daughters from the scheme was justified. The respondent, a daughter of a late freedom fighter, relied on the principle of parity with unmarried daughters. The legal issue concerned the tenability of excluding divorced and widowed daughters from the ambit of the pension scheme. The Division Bench found no merit in the appeal, noting that the Punjab and Haryana High Court in Khajani Devi v. Union of India, MANU/PH/1950/2016, had already allowed similar claims, and the Supreme Court had dismissed SLP No.17706 of 2017, approving the progressive and socially constructive approach of treating divorced daughters at parity with unmarried daughters. It was also conceded that curative petitions and other proceedings against that holding had been dismissed. Consequently, the Division Bench held that the Single Judge had committed no error and dismissed the appeal, thereby upholding the entitlement of divorced and widowed daughters of freedom fighters to benefits under the scheme.
Headnote
A) Administrative Law - Welfare Pension Scheme for Freedom Fighters - Swatantrata Sainik Samman Pension Scheme, 1980 - Divorced and widowed daughters of freedom fighters must be treated at parity with unmarried daughters - Exclusion of such daughters from the scheme is not justified - The High Court followed Khajani Devi v. Union of India, affirmed by Supreme Court in SLP No.17706 of 2017, which adopted a progressive and socially constructive approach - Held that the Single Judge committed no error and dismissed the appeal (Paras 2-5).
Issue of Consideration
Whether the exclusion of divorced and widowed daughters of a freedom fighter from the ambit of the 'Swatantrata Sainik Samman Pension Scheme' 1980 is justified or tenable.
Final Decision
Appeal dismissed. The Division Bench held that the Single Judge committed no error and upheld that divorced and widowed daughters of freedom fighters are entitled to be treated at parity with unmarried daughters under the Swatantrata Sainik Samman Pension Scheme, 1980.
Law Points
- Divorced and widowed daughters of freedom fighters entitled to parity with unmarried daughters under Swatantrata Sainik Samman Pension Scheme
- 1980
- exclusion of such daughters unjustified
- Supreme Court approval of Khajani Devi
- progressive and socially constructive approach
Case Details
2026 LawText (KER) (08) 5
Devan Ramachandran, P.M. Manoj
K. Shri Hari Rao, T.U. Sujith Kumar
Union of India, represented by Secretary, Ministry of Home Affairs, North Block, New Delhi; Deputy Secretary, Ministry of Home Affairs, FFR Division/SZ Section, Government of India, NDCC II, Parliament Street, New Delhi
Mini K.C., aged 58 years, d/o late K.C. Kunhiraman, O.K. House, near Kuruva, Vayanasala, Edakkad Amsom, Kuruva Desom, Kadalayi P.O, Kannur District, Kerala, PIN – 670003
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Nature of Litigation
Writ appeal against a Single Judge's judgment in WP(C) No.14071 of 2025 concerning entitlement to freedom fighter pension benefits under Swatantrata Sainik Samman Pension Scheme, 1980
Remedy Sought
The Union of India sought to set aside the Single Judge's judgment; the original petitioner sought pension benefits under the scheme as a divorced/widowed daughter of a freedom fighter
Filing Reason
The Union of India appealed against the Single Judge's decision holding that divorced and widowed daughters of freedom fighters are eligible under the scheme
Previous Decisions
Single Judge in WP(C) No.14071 of 2025 allowed the claim; Punjab and Haryana High Court in Khajani Devi v. Union of India, MANU/PH/1950/2016 allowed claims; Supreme Court dismissed SLP No.17706 of 2017; curative petitions and other proceedings dismissed
Issues
Whether the exclusion of divorced and widowed daughters of a freedom fighter from the ambit of the Swatantrata Sainik Samman Pension Scheme, 1980 is justified or tenable
Ratio Decidendi
The exclusion of divorced and widowed daughters of freedom fighters from the Swatantrata Sainik Samman Pension Scheme, 1980 is not justified; they must be treated at parity with unmarried daughters. The Supreme Court in SLP No.17706 of 2017 approved the progressive and socially constructive approach of Khajani Devi v. Union of India, which is binding.
Judgment Excerpts
The sole question in this Appeal, filed assailing the judgment of a learned Judge of this Court in W.P(C) No. 14071/2025, is whether the exclusion of divorced and widowed daughters of a freedom fighter, from the ambit of the 'Swatantrata Sainik Samman Pension Scheme' 1980, is justified or tenable.
We have heard learned counsel for the parties. We are of the view that the impugned order adopts a progressive and socially constructive approach to give benefits to daughter who was divorced treating her at parity with the un-married daughter. We fully agree with this view.
Resultantly, this Appeal is dismissed.
Procedural History
The writ petition WP(C) No.14071 of 2025 was decided by a Single Judge on 03.02.2026, allowing the claim of divorced/widowed daughters. The Union of India filed WA No.938 of 2026. The Single Judge had relied on Khajani Devi v. Union of India, MANU/PH/1950/2016, which was approved by the Supreme Court in SLP No.17706 of 2017. Curative petitions and other proceedings were also dismissed. The Division Bench of the Kerala High Court dismissed the appeal on 03.08.2026.
Acts & Sections
- Swatantrata Sainik Samman Pension Scheme, 1980:
