(1) JUD-WP-2114-2008+GROUP IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2114 OF 2008 Devrao S/o Kisan Lad, Age : 83 years, Occu: Agri., R/o-Chikhali, Tq.Patoda, Dist.Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2130 OF 2008 Dagadu S/o Shripati Jogdand, Age : 81 years, Occu.: Agri., R/o : Chausala, Tq and Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, (2) JUD-WP-2114-2008+GROUP Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2131 OF 2008 Digambar S/o Someshwar Mule, Deceased through his widow, Parvatibai wd/o Digambar Mule, Age : 77 years, Occu.: Agri., R/o. Madalmohi, Tq. Gevrai, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2135 OF 2008 Kashinath S/o Sakharam Kadape, Age : 82 years, Occu.: Agri., R/o. Wadgaon Dhok, Tq. Gevrai, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative (3) JUD-WP-2114-2008+GROUP Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2140 OF 2008 Rambhau S/o Ganpati Raut, Age : 80 years, Occu.: Agri., R/o. Mhasapur Jawala, Tq. & Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2149 OF 2008 Ashruba S/o Anna Sanap, Deceased through Sundarabai Wd/o Ashruba Sanap, Age : 79 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed (4) JUD-WP-2114-2008+GROUP 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2163 OF 2008 Krushnanth S/o Someshwar Mule, Deceased through his wife Rukhminibai Wd/o Krushnanath Mule, Age : 79 years, Occu.: Household, R/o. Madalmohi, Tq. Gevrai Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 1014 OF 2008 Ashruba S/o Bhaurao Rakh, Occu.: Nil, R/o Therla, Tq. Patoda, Dist. Beed PETITIONER (5) JUD-WP-2114-2008+GROUP VERSUS 1. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 2. One Man Commission, Justice A.B. Palkar, (Former Judge, Bombay High Court) Appointed by the Government of Maharashtra Through Collector, Beed 3. The District Collector, Beed 4. The Secretary, Freedom Fighters High Power Committee, Government of Maharashtra, 19th Floor, New Administrative Building, Opp. Mantralaya, Mumbai RESPONDENTS WITH WRIT PETITION NO. 1027 OF 2008 Trimbak Pandharinath Chate R/o. Tambwa, Tq. Kaij, Dist. Beed PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 2. One Man Commission, Justice A.B. Palkar, (Former Judge, Bombay High Court) Appointed by the Government of Maharashtra Through Collector, Beed 3. The District Collector, Beed (6) JUD-WP-2114-2008+GROUP 4. The Secretary, Freedom Fighters High Power Committee, Government of Maharashtra, 19th Floor, New Administrative Building, Opp. Mantralaya, Mumbai RESPONDENTS WITH WRIT PETITION NO. 2519 OF 2008 Pandurang Maruti Khade, R/o. Mhalasjawala, Dist. Beed PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 2. The District Collector, Beed 3. The Secretary, Freedom Fighters High Power Committee, Government of Maharashtra, 19th Floor, New Administrative Building, Opp. Mantralaya, Mumbai RESPONDENTS WITH WRIT PETITION NO. 2522 OF 2008 Lobha S/o Shahaji Patole, R/o. Mhasapur Jawale, Dist. Beed PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 2. The District Collector, Beed (7) JUD-WP-2114-2008+GROUP 3. The Secretary, Freedom Fighters High Power Committee, Government of Maharashtra, 19th Floor, New Administrative Building, Opp. Mantralaya, Mumbai RESPONDENTS WITH WRIT PETITION NO. 2109 OF 2008 Anna S/o Paraji Khatal, Age : 83 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2118 OF 2008 Ashruba Bapu Khatal, Age : 82 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. (8) JUD-WP-2114-2008+GROUP 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2128 OF 2008 Sundarabai Bhagwan Rakh, Age : 76 years, Occu.: Household, R/o. Therala, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2129 OF 2008 Bhagirathbai W/o Maruti Sanap, Age : 78 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, (9) JUD-WP-2114-2008+GROUP 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2137 OF 2008 Sundar S/o Nivrutti Sanap, Age : 80 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2142 OF 2008 Babu S/o Namdeo Sanap, Age : 85 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed (10) JUD-WP-2114-2008+GROUP 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2143 OF 2008 Dhanaji S/o Raju Mane, Age : 84 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2523 OF 2008 Vitthal Madhavrao Nagargoje, Age : 77 years, Occu.: Nil, R/o. Savargaon (Mouje), Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The State of Maharashtra (11) JUD-WP-2114-2008+GROUP Through its Secretary, Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 2. The District Collector, Beed 3. The Secretary, Freedom Fighters High Power Committee, Government of Maharashtra, 19th Floor, New Administrative Building, Opp. Mantralaya, Mumbai RESPONDENTS WITH WRIT PETITION NO. 2106 OF 2008 Babasaheb Ashruba Bangar, Age : 82 years, Occu.: Agri, R/o. Khamba, Tq. Shirur, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2107 OF 2008 Sarjerao S/o Madhavrao Bangar, Age : 83 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER VERSUS (12) JUD-WP-2114-2008+GROUP 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2112 OF 2008 Dnyanoba S/o Pandurang Sanap, Age : 81 years, Occu.: Agri., R/o. Warzadi, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2117 OF 2008 Nana S/o Hari Surwase, Age : 82 years, Occu.: Agri., R/o. Wadwadi, Tq. Beed, Dist. Beed PETITIONER VERSUS (13) JUD-WP-2114-2008+GROUP 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2122 OF 2008 Dnyanoba S/o Dagadu Agam, Age : 83 years, Occu.: Agri., R/o. Wadwadi, Tq. Beed, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2123 OF 2008 Ramrao S/o Ashruba Bangar, Age : 81 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER (14) JUD-WP-2114-2008+GROUP VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2141 OF 2008 Sukhdev S/o Daula Shinde, Age : 81 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2144 OF 2008 Maruti S/o Dada Wanve, Age : 80 years, Occu.: Agri., R/o. Naigaon, Tq. Patoda, Dist. Beed PETITIONER (15) JUD-WP-2114-2008+GROUP VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2146 OF 2008 Shankar S/o Sambhaji Jagtap, Age : 83 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2147 OF 2008 Vitthal S/o Ashruba Sonwane, Age : 81 years, Occu.: Agri., R/o. Khamba, Tq. Shirur, Dist. Beed PETITIONER (16) JUD-WP-2114-2008+GROUP VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2148 OF 2008 Tulshiram S/o Gahininath Bangar, Age : 82 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2152 OF 2008 Raosaheb S/o Rambhau Bangar, Age : 83 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER (17) JUD-WP-2114-2008+GROUP VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2153 OF 2008 Sarjerao S/o Sahebrao Bawane, Age : 81 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2156 OF 2008 Sanjay S/o Dhondiba Mane, Age : 81 years, Occu.: Agri., R/o. Belkhandi, Tq. Patoda, Dist. Beed PETITIONER (18) JUD-WP-2114-2008+GROUP VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2164 OF 2008 Namdev S/o Digambar Bangar, Age : 82 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS WITH WRIT PETITION NO. 2165 OF 2008 Maruti S/o Tukaram Bangar, Age : 84 years, Occu.: Agri., R/o. Waghira, Tq. Patoda, Dist. Beed PETITIONER (19) JUD-WP-2114-2008+GROUP VERSUS 1. The District Collector, Beed 2. Freedom Fighters' High Power Committee, Govt. of Maharashtra, 19th Floor, New Administrative Building, Mantralaya, Mumbai-32 Through its Secretary. 3. The State of Maharashtra Through its Principal Secretary, Special Assistance and General Administration Department, Mantralaya, Mumbai-32 RESPONDENTS .... Mr. V.J. Dixit, Sr. Advocate i/b. Mr. P.D. Bachate, Advocate for the petitioners (WP nos. 1014, 1027, 2519, 2522 and 2523 all of 2008) Mr. V.J. Dixit, Sr. Advocate i/b. Mr. A.N. Nagargoje, Advocate for the petitioners (WP nos. 2114, 2130, 2131, 2135, 2140, 2149, 2163, 2109, 2118, 2128, 2129, 2137, 2142, 2143, 2106, 2107, 2112, 2117, 2122, 2123, 2141, 2144, 2146, 2147, 2148, 2152, 2153, 2156, 2164 and 2165 all of 2008) Mr. K.J. Ghute Patil, Advocate for the respondent-High Power Committee G.P. / A.G.P.s for the Respondent - State: Mr. S.V. Kurundkar, Addl. Govt. Pleader, Mr. K.G. Patil, A.G.P., Mr. V.B. Ghadge, A.G.P., Mr. N.B. Patil, A.G.P. and Mr.S.K. Kadam, A.G.P. .... CORAM : SMT. NISHITA MHATRE & M. T. JOSHI, JJ. DATE OF RESERVING THE JUDGMENT : 04.08.2011 & 11.08.2011 DATE OF PRONOUNCING THE JUDGMENT : 14.10.2011 (VIA VIDEO CONFERENCING) JUDGMENT (PER - M. T. JOSHI, J.) : 1. Rule. Rule made returnable forthwith. Heard finally, by consent of the learned counsel for the parties. (20) JUD-WP-2114-2008+GROUP 2. All the petitioners are challenging the directions of the respondent no.1-State of Maharashtra issued vide Government resolution dated 21.03.2007 whereunder the pension granted to them under the scheme called as "Swatantrya Sainik Pension Scheme" has been withdrawn. 3. All the petitioners claim that they were underground freedom fighters who have fought for the freedom of the Marathwada region from the rule of the Nizam of Hyderabad. Arrest warrants were issued against them. They were duly granted the pension as per the scheme framed by the respondent no.1-State of Maharshtra. The same however came to be withdrawn in the following background : 4. On 16.10.2001 a news item was published in Daily newspaper, wherein it was published that one Sherkhan Walikhan Pathan was arrested for preparing forged arrest warrants to substantiate the claim of various persons as freedom fighters. In view of the said news, Advocate Shri Ajit Deshmukh, the then President of Beed District Bhrashtachar Nirmulan Samiti and Mr. Bhaurao Dagadu Paralkar filed a Public Interest Petition no. 2619 of 2002 in the Bombay High Court, Bench at Aurangabad. They had contended that 354 persons had obtained Sanmanpatra as freedom fighters and consequently secured pension on the basis of forged documents like arrest warrants and therefore, wanted that their (21) JUD-WP-2114-2008+GROUP pension be withdrawn. In the said proceeding, the concerned Collector filed affidavit stating that 26 out of 354 persons were the minors, and were of extremely tender age and some of them were not even born during the said Marathwada Liberation Movement. In view of these facts, the High Court called all 3000 files of various persons, to whom the pension was granted. Out of those files, 354 files were retained by the High Court and a Committee headed by Shri M.R. Mane (hereinafter called as "Mane Committee") was appointed by the High Court alongwith one practicing lawyer and one freedom fighter to scrutinize those files. Mr. Mane was the Retired Judicial Member of the Maharashtra Administrative Tribunal. 5. Mane Committee issued notices to 355 persons, which included one case of a person, alleged to have participated in the Goa Liberation Movement, with which we are not concerned in the present group of Petitions. The Mane Committee recorded statements of those freedom fighters on oath. The material that was on record was considered. No submissions were heard and the concerned were not allowed to be represented by the lawyers. Subsequently, the report was submitted by the Mane Committee to the High Court. The Mane Committee concluded that 349 cases do not comply with the requirements of the scheme. Those persons against whom those adverse remarks were passed filed Civil Applications in the Public Interest Petition to implead them as respondents or as intervenors. The High Court refused to grant the (22) JUD-WP-2114-2008+GROUP prayer. The persons, therefore, filed Special Leave Petitions in the Supreme Court of India. The Apex Court though rejected the Special Leave Petitions, had granted liberty to file separate Writ Petitions in the High Court. Therefore, number of Writ Petitions were filed by the affected persons. The High Court on merit dismissed the Public Interest Petition and allowed the Writ Petitions of those persons. 6. The order of the High Court was challenged in the Supreme Court of India by the petitioners in the Public Interest Petition. The Supreme Court disposed of the proceedings i.e. Special Leave Petition no. 11344 and 11348 of 2004 on 2.8.2005. Inter-alia the Supreme Court passed the following order:- " To give finality to the controversy, we appoint Mr. Justice A. B. Palkar a retired Judge of the Bombay High Court to examine the 354 cases. The relevant files shall be handed over to the commission immediately. The commission is requested to complete the verification within four months and submit its report to the State Government for necessarily action. The claimants whose cases are to be examined shall be given opportunity to have their say before "the Commission". The records of the Zilla Gaurav Committee, High Power Committee and the Committee appointed by the High Court shall be examined by the Commission before issuing notice to individual applications to decide the acceptability or otherwise of the claims for freedom fighters pension. On getting report of the commission, the State Government shall take necessary action. We make it clear that we have not expressed any opinion on the acceptability or otherwise of the claims as the Commission appointed by this Court shall examine those aspects." (23) JUD-WP-2114-2008+GROUP 7. In view of the above order, the State of Maharashtra issued a Government resolution dated 1.10.2005, appointing Justice Mr. Palkar. (hereinafter called as "Justice Palkar Commission"). 8. The report of Justice Palkar Commission was submitted to the State Government on 22.02.2007. The Commission recommended withdrawal of pension in 298 cases, out of 354 cases. The report shows that it had divided 354 cases in three parts. One part related to the claims based on warrants, which seem to have been issued by the then authority of the Hyderabad State against the claimants on the charges that they had taken part in different instances relating to the Marathwada Liberation Movement. As already noted in the present group of Petitions, we are concerned with the cases of claim based on the facts of issuing of warrants and in the present judgment, we are dealing with only three warrants said to have been issued i.e. (i) Warrant no. 21 / 1357 - Outward No. 270 dated 15 Bahman 1357 Fasli corresponding to 15th February, 1948, (ii) Warrant no. 205/1357 Fasli - Outward no. 209 dated 24th Isfandar 1357 corresponding to 24th January, 1948 and (iii) Warrant no. 21/2 of 1357 Fasli Outward no. 214. [A] Procedure adopted by Justice Palkar Commission : 9. The report of Justice Palkar Commission shows that notices were issued to all the persons whose cases were examined. The (24) JUD-WP-2114-2008+GROUP petitioners in Public Interest Petition were directed to file their affidavits as well as the affidavits of their witnesses, if any. Justice Palkar Commission held its sitting at Beed as almost all the claimants were from Beed district. Opportunity of cross-examining the petitioner and their witnesses for and on behalf of all the claimants were given by supplying the photocopies of the affidavits filed by the petitioners. Accordingly, the cross-examination was held during the first sitting of Justice Palkar Commission at Beed. On behalf of all the petitioners in Public Interest Petition, Mr. Ramrao Awargaonkar and Advocate Mr. Ajit Deshmukh were cross-examined. Out of these witnesses, Justice Palkar Commission found that Advocate Shri Ajit Deshmukh was not even born when the Liberation Movement was going on and, therefore, had no personal knowledge. Mr. Awargaonkar however was found to be the Chairman of the Zilla Gaurav Samiti, appointed for honouring the freedom fighters and was himself a freedom fighter. After the cross-examination of these two witnesses, six petitioners applied for permission to cross-examine the claimants whose cases were to be examined. Justice Palkar Commission felt that it would be impracticable to call all the 355 persons, therefore, few of them were called for cross-examination by issuing summonses. However, "almost all the respondents who were so summoned filed different applications raising their objections to offer themselves for cross-examination either by the petitioners (in the Public Interest Petition) or even by the Advocate appointed for the Commission. They even went to the extent of alleging that the (25) JUD-WP-2114-2008+GROUP work of Commission is going on in favour of one party, that the petitioners have no right to cross-examine them and there is no direction from the Hon'ble Supreme Court". (Justice Palkar Commission report Part I page 11 and 12). 10. As the claimants to whom the summonses were issued refused to offer themselves for cross-examination, a common order was passed on all such objections by the Commission to inform them that though the Commission was not forcing them to offer themselves for cross-examination, the Commission would be entitled to draw inference in accordance with law on this conduct of refusing to offer themselves for cross-examination. The Commission inferred that it would have been inconvenient for the claimants to offer themselves for cross-examination as they had made various improvements in their affidavits from time to time and made various contradictory statements. Various Advocates were engaged by the claimants. State