Petitioners seeking Central Government freedom fighter pension based on short imprisonment and Jungle Satyagraha participation rejected for failing to meet scheme criteria, citing State Government pension sufficiency.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- 1 -
WP 7988/14 & another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7988/2014
Shantabai Ramdas Koshti.
...Petitioner..
Versus
The Union of India & others.
...Respondents...
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
WRIT PETITION NO.6890/2015
Smt.Pramilabai Vitthal Nehate.
...Petitioner..
Versus
The Union of India & others.
...Respondents...
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
.....
Shri M.M. Bhokarikar, Advocate for petitioners.
Shri S.B. Deshpande, Assistant Solicitor General for
respondent no.1.
Shri S.S. Dande, AGP for respondent nos.2 & 3.
.....
DATE: 29.06.2016
ORDER :
1]The petitioners are claiming pension as per the
scheme applicable by the Central Government for freedom
fighters, who participated in the movement for freedom
WP 7988/14 & another
- 2 -
prior to independence. The petitioners claim that they
suffered punishment of jail for two months and further
were inflicted 10 strokes of canning. The petitioners
claim that their cases are identical with Mansaram Yadav
Rane, who has been extended freedom fighter's pension
under the scheme formulated by the Central Government.
2]The criteria for being eligible for grant of pension
under the Central Government is jail suffering for a
period not less than six months and certain
specifications are made under the scheme in respect of
various categories of freedom struggle. The petitioners
claim that they have participated in Jungle Satyagraha
during the relevant period. According to the respondent
no.1 - Union of India, Jungle Satyagraha is not the form
recognized by the Central Government for eligibility to
receive freedom fighter's pension.
3]So far as the case of Mansaram Yadav Rane is
concerned, it is informed that apart from receiving 12
strokes of canning, he has suffered imprisonment for a
period of six months from 20.2.1943 to 28.8.1943 in Case
No.36/1943. The case of Mansaram Yadav Rane has been
dealt with on a different footing by the Central
WP 7988/14 & another
- 3 -
Government and no parity can be claimed in respect of the
cases of the petitioners. Since the petitioners are not
eligible under the scheme formulated by the Central
Government, no relief can be granted as claimed by the
petitioners.
4]The petitioners have placed reliance on the
judgments in following matters -
1] Mukund Lal Bhandari & others v. Union of India & others (AIR 1993 SC 2127)
2] Gurdial Singh v. Union of India & others . (AIR 2001 SC 3883)
3] State of T.N. & another v. A. Manickam Pillai (AIR 2010 SC 670)
4] Kamalbai Sinkar v. State of Maharashtra & others (AIR 2012 SC 2960)
and urges that liberal view ought to be taken by the
Courts while dealing with the claims of freedom fighters.
The eligibility under the scheme formulated by the State
or the Central Government is the determining factor and
if the petitioners fail to demonstrate their eligibility
under the scheme, no relief can be granted. Even
otherwise, the petitioners are getting pension from the
State Government since they fulfill the criteria
prescribed by the State Government. The petitioners do
WP 7988/14 & another
not fulfill the criteria prescribed by the Central
Government for being eligible for grant of a separate
pension on behalf of the Central Government. As such
their claims cannot be considered favourably. The writ
petitions are devoid of substance and hence the same
stand rejected.
ndk/ c2961613.doc
3 issues framed by the court
Whether petitioners suffering imprisonment of two months and cane strokes are eligible for Central Government freedom fighter's pension.
Whether Jungle Satyagraha participation qualifies for freedom fighter's pension under the Central Government scheme.
Whether equality with liberty case of Mansaram Yadav Rane applies to petitioners.
Colour shows how this judgement treated each authority
Mukund Lal Bhandari & others v. Union of India & othersReferred¶42
AIR 1993 SC 2127 · Who else cites this
Gurdial Singh v. Union of India & othersReferred¶43
AIR 2001 SC 3883 · Who else cites this
State of T.N. & another v. A. Manickam PillaiReferred¶44
AIR 2010 SC 670 · Who else cites this
Kamalbai Sinkar v. State of Maharashtra & othersReferred¶45
AIR 2012 SC 2960 · Who else cites this
Shantabai Ramdas Koshti
Pramilabai Vitthal Nehate
The Union of India
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court