Disposed

Ashatai Alias Ashabai Kakasaheb Kolte v. the State of Maharashtra through the Secretary and Others

Bombay HC27 Jun 2024WP/6186/2024

Case brief

AI extract

What is this about?

Daughter of a recognised Freedom Fighter challenges appointment of Respondent No.7, an unrelated person, allegedly based on the Freedom Fighter's nomination, contrary to Clause 5 of a Government Resolution permitting nomination of only one blood relative. Court issued notice returnable on 31.07.2024 and sought the State's record.

What the court decided

AI extract

Ashatai Alias Ashabai Kakasaheb Kolte vs the… — Pension and Retirement Benefits | Bombay HC (2024)

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( 1 ) 922 wp 6186.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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922 WRIT PETITION NO. 6186 OF 2024

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ASHATAI ALIAS ASHABAI KAKASAHEB KOLTE VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

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Advocate for the Petitioner : Shinde h/f. Rameshwar M. Bhagwat AGP for Respondents/State : Mr. S.K. Tambe

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CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ. DATE : 27^th June, 2024

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P.C. :-

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The Petitioner claims to be the daughter of a Freedom Fighter, namely Jijabhau @ Jija Vithoba Thokal. He is recognised as a Freedom Fighter having participated in the Hyderabad Liberation Movement in 1947-1948 and a Sanman Patra has been issued to him by the Chief Minister of Maharashtra. He was getting Rs.150/- per month as Freedom Fighter pension. It is claimed that the Freedom Fighter had six daughters. He passed away on 10.06.2011. On 12.05.2012, his widow passed away. One sister namely Neelabai, also passed away.

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Issue raised is that Respondent No.7 has obtained service on the basis of a purported nomination received from the said Freedom Fighter. The

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( 2 ) 922 wp 6186.24

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Petitioner draws our attention to Clause 5 of the GR dated 04.03.2019, to indicate that blood relatives can be nominated by the Freedom Fighter and such nomination can only be in favour of one person. Respondent No.7 is unrelated to the Freedom Fighter.

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Issue notice to the Respondents, returnable on 31.07.2024. The learned AGP waives service of notice on behalf of Respondent Nos.1 to 6. Besides service of Court notice, the Petitioner is at liberty to serve Respondent No.7, through advocate’s notice along with a copy of this order. A service affidavit and the tracking report obtained from the India Post website, should also be placed on record.

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All office objections to be removed on or before 19.07.2024, failing which, the Petition shall stand dismissed without reference to the Court, on 20.07.2024.

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We expect the State Authorities to ensure that the entire record pertaining to the case of the Freedom Fighter - Jijabhau @ Jija Vithoba Thokal, is placed before us.

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[Y.G. KHOBRAGADE, J.]

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[RAVINDRA V. GHUGE, J.]

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Ashatai Alias Ashabai Kakasaheb Kolte v. the State of Maharashtra through the Secretary and Others

Case brief

What is this about?

What the court decided

Ashatai Alias Ashabai Kakasaheb Kolte v. the State of Maharashtra through the Secretary and Others

Case brief

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What the court decided

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