(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7167 OF 2009 Gangadhar s/o. Damodhar Garje, Age : 75 years, Occupation : Nil, R/o. Waman Bhau Nagar, Near Swami Samarth Temple, Pathardi, Dist. Ahmednagar. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Education & Social Welfare Department, Mantralaya, Mumbai - 32 2. The District Collector, Ahmednagar, Dist. Ahmednagar. .. Respondents. ....................... Mr. Prashant Nangare, Advocate, for the petitioner. Mr. K.B. Chaudhary, Assistant Government Pleader, for respondent nos.1 and 2. ........................ (2) CORAM : SWATANTER KUMAR, CJ. & A.M. KHANWILKAR, J. DATED : 5TH DECEMBER 2009. P.C. : 1. We have heard the learned Counsel for the petitioner. 2. The controversy raised and the argument advanced is that the condition in the Scheme under the Government Resolution dated 23rd November 1965 of extending benefit only to the grand children "of the pre-deceased son" of the freedom fighter is unsustainable in law. It is stated to be violative of Articles 14 and 16 of the Constitution. 3. We are unable to find merit in this contention as this condition does not violate concept of equality. The grand children of a freedom fighter are not entitled to the benefit in preference to the son, as per the Scheme under the above said Resolution issued by the Government. It is only when the son of the freedom fighter is pre- deceased, the grand children of such pre-deceased son would become eligible. We do not find any arbitrariness in the said condition. This classification is founded on the rationale that primarily the freedom fighter is entitled to avail of the benefit under the Scheme for himself and if he/she has become martyr or dies before nominating beneficiary, as a special case, his/her spouse (widow/widower) can nominate "one" close relative as the beneficiary. However, nomination can be made (3) only of "one specified relative" who is dependent on the freedom fighter. The son of the freedom fighter, if were to be alive, in that case, the grand children of the freedom fighter cannot be said to be dependent on the freedom fighter to qualify for the scheme. 4. Hence, the Petition is dismissed. ( A.M. KHANWILKAR ) ( SWATANTER KUMAR ) JUDGE CHIEF JUSTICE ......................... bgp/wp7167