1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4558 OF 2000. Nagorao S/o Babarao Halde, Age 72 years, Occ.Nil, R/o Kanjara Bk. Post Umri (Jahagir), Tq. Hadgaon, Dist. Nanded. ... Petitioner. Versus The State of Maharashtra and others. ... Respondents. ... Mr.V.S.Panpatte, advocate for the petitioner. Mr.S.N.Kendre, Asstt.Govt. Pleader for the State. Mr.B.B.Kulkarni, advocate for the Respondent No. 3. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 12.08.2010. ORAL ORDER (Per S.V.Gangapurwala,J.) 1. The petitioner seeks Freedom Fighters' pension on account of participation in the 2 Freedom Fighters Movement i.e. Hyderabad Liberation Movement as an underground Freedom Fighter. The Respondent Government has rejected the claim of the petitioner by its order dated 22.1.1999. 2. It is the case of the petitioner that he had actively participated in the said movement. On 3l.1.1995, the petitioner had submitted an application for grant of underground Freedom Fighters' pension as per Government Resolution dated 4.7.1995. The Zilla Gaurav Samiti had also recommended the proposal of the petitioner on 1.7.1998. 3. Mr.Panpatte, learned counsel for the petitioner has contended that the conditions as are stipulated in the Government Resolution dated 4.7.1995 have been complied by the petitioner, the affidavits of the Freedom Fighters who had undergone imprisonment for more than two years have also been submitted, namely, of Mr.Nagorao Bhujangrao Mogal and Mr.Govind Narsing More. According to him, there was no reason for 3 rejection of the claim of the petitioner. 4. Mr.Kulkarni, learned counsel appearing for the Respondent No.3 contended that the Zilla Gaurav Samiti did not scrupulously scrutinised all the documents. According to him, the petitioner does not satisfy the criteria laid down in the Government Resolution dated 4.7.1995. He relies on the judgment of the Apex Court in the case of "State of Maharashtra and others Vs. Raghunath Gajanan Waingankar" 2004 AIR SCW 4701. 5. From the perusal of the record, it appears that Nanded Zilla Gaurav Samiti had recommended case of the petitioner, so also the affidavits of the aforesaid two freedom fighters who have undergone imprisonment for more than two (2) years also substantiates the claim of the petitioner of having participated in the Hyderabad Liberation Movement. We have in similar circumstanced persons who have participated in the same events have allowed their Writ Petitions and directed to award the Freedom Fighters' pension to them in W.P.No. 2831/2000 and other companion matters. We have 4 gone through the judgment cited supra. It is true that the criteria fixed by the Government can not be relaxed. However, we find that the petitioner satisfies the criteria laid down in the said Government Resolution. In view of the same and also in view of the reasons recorded in W.P.No.2831/2000 and other companion matters, we allow the petition and direct the Respondent State to pay the Freedom Fighters' pension to the petitioner from the date of his application within a period of three (3) months from today. Rule made absolute accordingly with no order as to costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp455800