The High Court of Judicature at Aurangabad dismissed a writ petition challenging the State Government's refusal to grant freedom fighter's pension to the petitioner's husband, finding he failed to meet eligibility criteria.
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.
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wp 6565.12.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.6565 OF 2012
Jankabai W/o Harischandra Bochare
Petitioner
Versus
The State of Maharashtra & others
Respondents
Mr. M.U. Shelke advocate for the petitioner Mr. S.B. Yawalkar, AGP for Respondent No.1 & 4 Mr. Bhushan Kulkarni advocate for respondent No.3
CORAM : R. M. BORDE & VIBHA KANKANWADI, JJ
(Date: December 11th, 2017)
PER COURT :-
1 The petition is presented, objecting to the decision of the State Government, refusing to grant freedom fighter's pension in favour of husband of the petitioner.
2 The case of the husband of the petitioner is covered by the Government resolution dated 4.7.1995. The petitioner claims that, her husband was an underground freedom fighter and had participated in Hyderabad Liberation Movement. The applicant claiming freedom fighter's pension has to fulfill the following requirements, in order to become eligible to claim pensionery benefits, as a result of participation in the freedom struggle:-
(a) The freedom fighter had to leave the home and had to stay away;
wp 6565.12.odt
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(b) Had to abandon the education or should have been rusticated from the educational institution as a result of participation in the freedom struggle;
(c) Was administered beating by the Police which resulted in rendering him disabled.
3 We have perused the affidavit tendered by the husband of the petitioner and of the freedom fighters who have supported the claim of the husband of the petitioner. It is noticed that, the husband of the petitioner does not fulfill the requirements laid down under the Government resolution dated 4.7.1995. The District Gaurav Committee has not recommended the case of the husband of the petitioner favourably.
4 In view of above, the decision taken by the State Government not to extend pensionery benefits to the husband of the petitioner cannot be faulted. The petition is devoid of substance and hence stands dismissed.
( VIBHA KANKANWADI, J . ) ( R. M. BORDE, J )
vbd
2 issues framed by the court
Whether the petitioner is entitled to pension for her husband as a freedom fighter under Government Resolution dated 4.7.1995.
Whether the petitioner's husband fulfilled the requirements of absence from home, abandonment of education, or police-administered beating resulting in disability.
Jankabai W/o Harischandra Bochare
The State of Maharashtra
R. M. BORDE
VIBHA KANKANWADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
