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Judgment
Heard Mr.Srinivas Velagapudi, learned counsel for petitioner and Mr.Kata Arvind Kumar, learned Standing Counsel for Central Government appearing for respondent Nos.1 and 2.
The present Writ Petition has been filed seeking the following relief :-
"...to issue a writ, order or direction more particularly one in the nature of writ of certiorari to call for the records relating to Letter No.112/6968/97-FF(HC) dated 14.07.2025 and Letter No.112/6968/97-FF(HC) dated 11.06.2026 passed by respondent No.2, and quash the same as illegal, arbitrary, unconstitutional and in violation of Articles 14 and 21 of the Constitution of India and consequently to declare the action of respondent No.2 in rejecting the application for dependent family pension vide Letter No.112/6968/97-FF(HC) dated 14.07.2025 and Letter No.112/6968/97-FF(HC) dated 11.06.2026 as illegal, arbitrary and to direct respondent Nos.1 and 2 to sanction and disburse dependent family pension to the petitioner under the Swatantrata Sainik Samman Yojana (SSSY) under PPO No.MHAFF0508668 along with accrued arrears from 19.02.2022 and pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case..."
The grievance of the petitioner is that her husband, late Sri Cheruku Aga Reddy, was a verified freedom fighter and was granted pension by respondent No.1 under PPO No.MHAFF0508668 and he died on 18.02.2022. The petitioner, being his legally wedded wife, is entitled to dependent family pension under the Swatantrata Sainik Samman Yojana (SSSY), submitted an application for dependent family pension on 07.01.2025. However, the said application was rejected by respondent No.2 on the ground that the "claim of those spouse and unmarried and, unemployed daughters for dependent pension will be considered only if it is applied within three years of death of the original freedom fighter”.
Learned Standing Counsel for the Central Government submits that under Paragraph 4(ii) of the Revised Policy Guidelines for Disbursement of Central Samman Pension, the application is required to be submitted within three years from the date of death, the application was filed three years and ten days after the death of the freedom fighter, and thus, there is a delay of about ten days beyond the prescribed period under the Scheme.
In reply, learned counsel for the petitioner submits that the respondents have erroneously calculated the period of three years. It is contended that the petitioner’s husband died on 18.02.2022 and the application for dependent family pension was submitted on 07.01.2025, which is admittedly within three years from the date of death.
Having considered the rival submissions and upon perusal of the material placed on record, it is evident from the communication dated 19.08.2025 addressed by the Senior Manager, Centralised Pension Processing Centre, New Delhi to respondent No.2 that as the original application submitted by the petitioner on 07.01.2025 was not complete, the petitioner was requested to provide complete application again with proper attestation and verification. Pursuant to the same, the petitioner submitted another application dated 01.03.2025 and thus the petitioner made the dependent family pension application within three years from the date of death of her husband on 18.02.2022. Therefore, the reason assigned by respondent No.2 for rejecting the petitioner's claim on the ground of delay of ten days is factually unsustainable.
In that view of the matter, the impugned Letter No.112/6968/97-FF(HC) dated 14.07.2025, cannot be sustained.
Accordingly, the Writ Petition is allowed and the impugned Letter No.112/6968/97-FF(HC) dated 14.07.2025 is set aside, directing respondent No.2 to reconsider the petitioner's applications dated 07.01.2025 and 01.03.2025 for dependent family pension under the Swatantrata Sainik Samman Yojana, in accordance with the applicable scheme basing on the documents furnished by the petitioner. If the petitioner is found eligible and has complied with all the requirements under the Scheme, the respondents shall sanction and disburse the dependent family pension to her in accordance with law. The entire exercise shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in these Writ Petitions shall stand closed.