1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7000 OF 2008 Murlidhar S/o Sakharam Chavan, Age : 60 Years, Occu. : Nil, R/o Ward No. 2, Dhangar Vasti, Tq. Shrirampur, Dist. Ahmednagar. .. .. PETITIONER Versus 1. The State of Maharashtra. 2. The Secretary, Freedom Fighters High Power Committee, Government of Maharashtra 19th Floor, New Administrative Building, Opp. Mantralaya, Mumbai. 3. The Collector, Aurangabad, District Aurangabad. .. .. RESPONDENTS Shri P. D. Bachate, Advocate for the Petitioner. Smt. V. A. Shinde, A.G.P. for the Respondents No. 1 and 3. Shri Bhushan Kulkarni, Advocate for the Respondent No. 2. CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE ON WHICH JUDGMENT RESERVED : 19.01.2010. DATE ON WHICH JUDGMENT PRONOUNCED : 09.02.2010 2 JUDGMENT [ PER N. D. DESHPANDE, J. ] : 1. Rule. Rule made returnable forthwith. Taken up for final hearing with consent of parties. 2. Heard both the sides. 3. The petition is directed for writ of certiorari or any other appropriate writ, order or direction to the respondents authorities against the order dated 10.05.2008 refusing to grant the pension under the "Swatantrya Sainik Pension Scheme". It is impugned order in this petition. 4. The petition is filed on 09th September, 2008. It is alleged that the petitioner had participated in the Hyderabad Liberation Movement in the year 1947 and for his active participation in the Liberation Movement along with other freedom fighters, then Nizam Government registered offences against the freedom fighters and they were sent behind the bars and the petitioner claimed himself to be one of such freedom fighters. Petitioner and three other freedom fighters by name Rokha Ramchandra, Laxman Bhujanga and Devdas Krishna came to be arrested on 22nd Amardad 57F for alleged commission of offence under rules of National Security Act and petitioner had under gone 154 days of imprisonment. It is his contribution in the freedom movement. It is further stated that two freedom fighters Rokha Ramchandra and Laxman Bhujanga are the rewardees of pension under the Swatantya Sainik Pension Scheme of the State 3 Government. Petition also refers to various Government Resolutions of 13.10.1983, 04.03.1991 and 15.09.1992 contending certain guide-lines touching the issue of pension of freedom fighters and those are made applicable for scrutiny of the application for pension under the scheme and for consideration. It is said that, Zilla Gaurav Samiti in its meeting dated 07.11.2003 has also recommended the case of petitioner to the High Power Committee. However, by order dated 10.05.2008 the application of the petitioner came to be rejected. 5. Perused documents relied by the petitioner accompanying the petition. So also, the representations based on the communications between the authorities and the petitioner for consideration of his candidature to the pension scheme. 6. From record it is seen that on 24th June, 2004, Additional Collector, Aurangabad had communicated to the petitioner that, he had not filed required papers and documents as per Government Resolution dated 04.07.1995. It was addressed to Deputy Secretary, General Administration Department, Mantralaya, Mumbai (Exhibit - B) filed by the petitioner. Accordingly, after due scrutiny of his application on 10th May, 2008 (Exhibit -G), the respondents have informed about the rejection of his application giving reasons that, the applicant having failed to complete the criteria for imprisoned freedom fighter, so also underground freedom fighter. 7. We have perused the affidavit in reply of respondent 4 Nos. 1 and 2. It is thus seen that the petitioner has not produced documentary evidence to substantiate his claim as freedom fighter as per the norms prescribed in imprisoned freedom fighter as well as underground freedom fighter. Merely because Zilla Gaurav Samiti of Aurangabad District has recommended his name would certainly not entitle him to get the benefit of pension scheme, unless he fulfill the criteria laid down. The petitioner cannot be given benefit merely because original copy of Jail Certificate and the record is not available of the relevant period of 1357 and 1358 Fasli found in torn condition when examined. The petitioner could not produce the Jail Certificate and he could not produce the documentary evidence as per the underground freedom fighter criteria laid down in Government Resolution dated 04.07.1995. More emphasis was given on Government Resolution dated 04.07.1995. Mere asserting a claim without evidence the petitioner would not succeed. The petition therefore deserves to be dismissed. 8. We do not find perversity in the said impugned order and stand taken by the respondent authorities, for any interference in their rejection. Thus no case is made out by the petitioner. The petition stands dismissed summarily at the stage of admission with no order as to costs. Rule is discharged. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Jan. 2010