Chandigarh (Ramanjit Singh) -‘Whether adopted child of a martyr is entitled to grant in aid”-the issue comes under HC Scanner: Rajesh Kumar, adopted as son by Uma Wanti, the widow of martyr Shugan Chand, of Ropar district,(who sacrificed his life in Indo-Pak War in 1965), and he had followed up the application filed by Uma Wanti for release of grant in aid to her, in lieu of allotment of land upto 10 acres, in pursuance to a notification of 2016 issued by the Punjab Government. He was paid an aggregate amount of grant of Rs.twenty lakh and Rs.Fifteen lakh in two instalments, and the third instalment of Rs.fifteen lakh still remained to be paid to him. It was at this stage in September, 2020, that the State Government wrote to him to refund the amount of Rs.Thirty five lakhs received by himtowards grant in aid, for the purported reason that there was no provision under the Government policy to give grant in aid to adopted child of a martyred soldier.
Rajesh Kumar approached High Court today, through a writ petition, and challenged the order of September 25th, 2020. He pleaded through his Counsel that under section 12 of the Hindu Adoptions and Maintenance Act, an adopted son has all the rights of a son from date of adoption. He also contended that under the Government notification of 2016, the grant in aid was to be distributed in accordance with law of succession, after the widow of martyr passes away. Thus, he was entitled to grant in aid on death of his adoptive mother. He has also prayed for a direction to the State Government to release to him balance amount of Rs.15 lakhs also, with interest, as the family of a deceased martyr of 1965 Indo Pak War is entitled to an aggregate amount of Fifty lakh as grant in aid.
While issuing notices to State Government and concerned officers, the HC Bench of Justice Girish Agnihotri, restrained the respondents from effecting any recovery from the petitioner till next date of hearing.