Dismissed

Vishwanth Vitthalrao Gavandi (Kalburge) Died Lrs Archana Vishwanath Gavandi (Kalburge) v. the State of Maharashtra and Ors.

Bombay HC4 Jan 2016WP/1663/2012

Case brief

AI extract

What is this about?

The petitioner, widow of a deceased freedom fighter, challenged the State Government's order refusing her late husband's claim for a pension. The Court held the deceased did not independently participate in the freedom movement and thus failed criteria under the relevant Government Resolution, rejecting the writ petition.

What did the court decide?

Petition rejected; no pension granted.

Vishwanth Vitthalrao Gavandi (Kalburge) Died… — Pension and Retirement Benefits | Bombay HC (2016)

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{1} wp 1663.12.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1663 OF 2012

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Vishwanath Vitthalrao Gavandi (Kalburge) (deceased) through Its legal heirs Archana W/o Vishwanath Gavandi (Kalburge) Petitioner

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Versus

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The State of Maharashtra and others Respondents

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Mr.S.S. Pawar advocate for the petitioner Mr.B.V. Virdhe, AGP for Respondent No.1, 2 Mr. B.B. Kulkarni advocate for respondent No.3

CORAM : R.M. BORDE &

A. I. S. CHEEMA, JJ.

Date : 4^th JANUARY, 2016.

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PER COURT :-

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1 The widow of the deceased freedom fighter has presented this petition, taking exception to the order passed by the State Government on 2.8.2002, refusing to consider the claim of the deceased freedom fighter for grant of freedom fighters' pension.

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2 An affidavit in reply has been presented on behalf of the State Government, wherein it has been stated that the husband of the petitioner has not fulfilled criteria No.I, III, IV and V incorporated in the Government Resolution dated 4.7.1995. It is pointed out that initially the District Gaurav Committee did not

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{2}

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wp 1663.12.odt

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consider the case of the petitioner and forwarded the proposal with a negative recommendation to the State Government. The State Government directed the District Collector, Latur on 24.10.2000 to re-examine the proposal as per the Govt. resolution dated 4.7.1995 and submit the remarks to the State Government. The Collector, Latur re-examined the proposal, however, did not recommend for grant of freedom fighter's pension to the deceased freedom fighter, on account of non-fulfillment of the conditions prescribed under the Govt. resolution dated 4.7.1995. The State Government, relying upon the report of the Collector, rejected the claim of the deceased husband of the petitioner.

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3 On perusal of the record, it appears that, the deceased freedom fighter was accompanying his father during freedom movement and there is neither independent participation of the deceased husband of the petitioner, nor he fulfills the requisite criteria laid down in the Govt. resolution dated 4.7.1995. The decision rendered by the State Government cannot be faulted. The writ petition is devoid of substance and hence stands rejected.

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(A. I. S. CHEEMA, J) (R.M.BORDE, J)

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vbd

Vishwanth Vitthalrao Gavandi (Kalburge) Died Lrs Archana Vishwanath Gavandi (Kalburge) v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Vishwanth Vitthalrao Gavandi (Kalburge) Died Lrs Archana Vishwanath Gavandi (Kalburge) v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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