Bhopal (Madhya Pradesh): The Madhya Pradesh High Court has ruled that an unmarried and dependent daughter of a freedom fighter is eligible to receive pension under the 1972 rules.
The decision was given by Justice Maninder Singh Bhatti, who cancelled a 2012 order that had denied pension to a disabled woman from Chhatarpur.
The court said the state government cannot reject a legal right based only on an administrative circular.
It also said that under the Madhya Pradesh Freedom Fighters Honour Fund Rules, 1972, an unmarried daughter is included in the definition of family.
The petitioner, Babita Khatri, is 75% disabled. Her mother, the wife of a freedom fighter, had been receiving pension, which stopped after her death.
Although the Chhatarpur Collector had supported her case, the state government rejected it by referring to a 2004 circular.
The High Court said that government circulars cannot override official rules. It also said the 2004 circular cannot replace the 1972 rules.
The court directed the state government to start paying her pension from December 2012, calculate all pending dues, and clear them within 60 days.
It also ordered that her pension should continue as per the rules in future.
