Philomina.K.A. vs District Collector Alappuzha

'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.,

Signature Not Verifiedas well. Because of this reason, mother of the appellant Digitally signed by NIDHI AHUJA Date: 2016.05.03 17:30:19 IST Reason: started getting pension after the demise of her father. She

continued to get this pension till 13.09.2012 when she also

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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

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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.”

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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

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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.

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ITEM NO.14 COURT NO.12 SECTION XIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No. 10128/2015

(Arising out of impugned final judgment and order dated 08/08/2014 in WA No. 813/2014 passed by the High Court Of Kerala At Ernakulam)

PHILOMINA.K.A. Petitioner(s)

VERSUS

DISTRICT COLLECTOR ALAPPUZHA AND ANR. Respondent(s)

(With office report) (For final disposal)

Date : 26/04/2016 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL

For Petitioner(s) Mr. A. Raghunath, Adv.

For Respondent(s) Mr. Niraj Jha, Adv.

Mr. Nikilesh Ramachandran, Adv.

Mr. V. Shyamohan, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed reportable judgment.

(Nidhi Ahuja) (Tapan Kr. Chakraborty) Court Master Court Master

[Signed reportable judgment is placed on the file.]

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