Uttaranchal High Court: Sharad Kumar Sharma, J. allowed a writ petition which was preferred against the action of the respondent of not extending the benefits to the petitioner which were available to the dependents of freedom fighter under various schemes floated by Government of India and State Government as well under the Act called as “Uttar Pradesh Public Services (Reservation for Physically Handicapped Dependents of Freedom Fighter and Ex-Servicemen) Act, 1993” on the premise that the petitioner would not be entitled to the benefit because she happens to be granddaughter (daughter’s daughter) of the deceased freedom fighter and would not be covered in the definition of family.
Tapan Singh, learned counsel for the petitioner argued that petitioner since being daughter’s daughter was a member of the family of deceased freedom fighter, irrespective of the fact that she was married or not, that ought not deprive the petitioner of availing the benefit under the freedom fighter scheme on the premise that she is married granddaughter of the deceased freedom fighter, It was also argued that such practices were an encouragement to gender discrimination. While further citing Isha Tyagi v. State of U.P., 2014 SCC OnLine All 15982, the counsel highlighted how such law will lead to gender discrimination as grandson (i.e. son’s son) of the freedom fighter was included under the definition of the ‘dependents of the family’ of freedom fighter in that eventuality that granddaughter i.e. daughter’s daughter or son should also be entitled to the benefit under the scheme. It was vehemently averred that such discrimination for the compassionate appointment was violative of Articles 14 and 15 of the Constitution. In Isha Tyagi, it was held that, “benefit of the horizontal reservation for descendants of freedom fighters shall extend both to descendants of a freedom fighter tracing their lineage through a son or through a daughter irrespective of the marital status of the daughter. Neither a married daughter nor her children would be disqualified from receiving the benefit of the reservation which is otherwise available to them in their capacity as descendants of a freedom fighter. Whether, in a given case including the present, an applicant is truly a descendant of a freedom fighter is undoubtedly for the authority to verify.”
High Court, observed that judgment in Isha Tyagi, is concurred by a Full Bench of Uttaranchal High Court as well and there was no contradictory remark on it. Thus, the law had been laid down by the judges who bar such discrimination. It was stated by the Court, that ratio of earlier judgments would be applicable in relation to an extension of the benefit of the daughter, granddaughter or grandson of the freedom fighter as they cannot be discriminated on the basis of gender discrimination.
Accordingly, the writ petition was disposed of with a direction that there cannot be any gender discrimination in relation to claim raised by the petitioner being the daughter’s daughter of the freedom fighter. [Ruchika Tomar v. State of Uttarakhand, 2019 SCC OnLine Utt 483, decided on 01-05-2019]