State Of Maharashtra & Ors vs Namdeo Etc.Etc

2. The three respondents herein were the original petitioners who had filed three separate Writ Petitions in their individual capacities. In these Writ Petitions, the petitioners claimed that they took part in the freedom movement and were, therefore, entitled to the benefits which the Government has announced with the proclamation of the “Freedom Fighters Pension Scheme”. Having regard to the fact that all the claims were on similar set of facts, the Bench High Court of Judicature at Bombay consolidated those three petitions and after hearing, has allowed all by single judgment dated 10.2.2012 with the following directions:

3. As the appellant/State of Maharashtra is aggrieved by this judgment, instant special leave petitions are filed. Along with State of Maharashtra, others who have joined are the officers in the State Government who were arrayed as respondents in the Writ Petitions. Notice in these petitions was issued pursuant to which respondents entered appearance through their counsel. We heard counsel for both the parties at length.

5. The State of Maharashtra came out with Pension Scheme for “Underground Freedom Fighters” and Participants of the “Hyderabad Liberation Movement” in the year 1982 and 1992 respectively. Thereafter, another specific scheme dated 4.7.1995 was framed known as “Freedom Fighters Pension Scheme” which was issued vide Government Resolution of even date. As per this, the benefits were extended to freedom fighters of different categories stipulated therein, one of which was “Underground Freedom Fighters”. Since the respondents had made the claim under this category, we reproduce hereinbelow the said portion of the Government Order dated 4th July 1995:

8. The “Zilla Gourav Committee” (hereinafter referred to as the “Committee”) constituted to scrutinize the scheme, considered the application of the respondent No.1. Two Members recommended his name for pension but the official Member, namely the Additional Collector appended his dissenting note. The recommendation was sent to the Government. The Government found that there was non-compliance with the scheme dated 4.7.1995 inasmuch as all the requisites stipulated therein for grant of pension were not fulfilled. Accordingly, vide order dated 13th July 2009, application of Namdeo Sopan Dhavare was rejected.

20. These principles show a clear path as to how the claims under the Freedom Fighters Scheme are to be examined.

22. In the present case, the Government rejected the claim by passing speaking order to the effect that certain documents required under Government Order dated 4.7.1995 had not been furnished. Once, the claim is rejected on these grounds and such an order is in consonance with the requirement of Scheme dated 4.7.1995, no fault can be found with such an order particularly when no case for dispensation of these requirements was made out by the respondents. The claims were based only on the affidavits with no other material. We are of the opinion that if claims are allowed merely on such affidavits, that would amount to giving a complete go by to the requirements of the Scheme. This cannot be allowed. We are, therefore, of the opinion that High Court could not have invalidated the orders of the Government.

24. We, thus, allow these appeals and set aside the orders of the High Court and dismiss the Writ Petitions filed by the respondents. No costs.