1 W.P. No. 3975/2000 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3975 OF 2000 Smt. Bhagirathabai W/o late Gamaji Kumbhar Age : 75 Yrs., Occ. Household, R/o : Pimpri ( B), Tq. Kalamnuri, Dist. Parbhani. .... PETITIONER VERSUS 1. Union of India Ministry of Home Affairs, Mantalaya, Mumbai – 32. 2. The Secretary to the Govt. of India, Ministry of Home Affairs (Freedom Fighters’ Division), Lok Nayak Bhavan, New Delhi. 3. The Collector Parbhani. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. U.R.Awate, Advocate holding for Mr. S.B. Talekar, Advocate for petitioner. Mr.N.B.Patil , Assistant Govt. Pleader for State. Mr. Alok Sharma, Assistant Solicitor General for Resp.no.1 & 2. -------------------------------------------------------------------------------------------------------- 2 W.P. No. 3975/2000 - ( J ) CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 03/08/2010 ORAL JUDGMENT : [ PER - S.V. GANGAPURWALA, J. ] 1. The petitioner claims that her husband was a Freedom Fighter and was sentenced to imprisonment for having participated in the Jungle Satyagraha. 2. The petitioner has filed application for grant of Freedom Fighters’ Pension under the Scheme formulated by the Central Govt. The petitioner had submitted the documents, such as Certificate issued by the Jail authorities at Kalamnuri and also from the Jail authority of the Aurangabad. The total period of imprisonment undergone by the husband of the petitioner, according to the said Certificates, was of 11 months and 6 days. However, the claim of the petitioner came to be rejected. 3. Mr. Awate, the learned counsel for the petitioner submits that the Certificates show that the deceased husband of the petitioner was imprisoned for 11 months and 6 days and said certificates were already produced on record. There is nothing on record to dispute the said certificates and as per the Central Govt. scheme, if a person taking part in the Satyagraha is sentenced to imprisonment for more than 6 months, then 3 W.P. No. 3975/2000 - ( J ) is entitled for the Freedom Fighters’ pension. 4. Mr. Alok Sharma, the Assistant Solicitor General contended that the record was not available for verification and when the relevant record was not available, the respondents could not verify the genuineness of the Certificates produced and on the said count, the claim of the petitioner has been validly rejected. 5. When the certificates have been produced on record by the petitioner showing that the petitioner’s husband was in Sub Jail, Kalamnuri for the period of 6 months 20 days and at Central Jail, Aurangabad for the period of 4 months and 18 days, i.e. total period of 11 months 6 days and there is nothing on record to disbelieve the said certificates, the claim of the petitioner deserves to be considered. More over, the State Govt. has also recommended the claim of the petitioner for the grant of said pension. 6. In the light of above, we hold that the petitioner would be entitled for the Freedom Fighters’ Pension and as such we direct the respondents to grant Freedom Fighters’ pension to the petitioner under the Central Govt. scheme as a widow of deceased Freedom Fighter Gamaji Ramji Kumbhar. In view of the Judgment of the Apex Court in the case of Union of India & Oths. V/s Kashiswar Jana reported in 2008 (11) SCC 4 W.P. No. 3975/2000 - ( J ) 309 and also in view of the fact that the petitioner is getting the pension from the State Govt., we direct the respondents to pay the said pension to the petitioner from the date of this order. 7. Rule is accordingly made absolute. However, there shall be no order as to costs. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 3975.2000