Case Note & Summary
The petitioner, Sarubai w/o Narayansinh Thakur, aged 87 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. She sought to set aside an order dated 23-06-2000 passed by respondent no.1 (State of Maharashtra) which denied her claim for freedom fighters pension. She also sought a direction to the respondents to award all benefits applicable to underground freedom fighters under the 'Swatantrya Sainik Sanman Pension' Scheme from 14-08-1995, declaring her entitlement as the widow of an underground freedom fighter. The petitioner is the widow of Narayansinh Kisansinh Thakur, who was an underground freedom fighter in the 'Hyderabad Mukti Sangram' during 1947-1948. The Government of Maharashtra had framed the Scheme to honour and assist persons who participated in the freedom struggle. The court, after hearing the parties, allowed the petition, set aside the impugned order, and directed the respondents to grant the petitioner all benefits under the Scheme from 14-08-1995.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Pension for Freedom Fighters - The petitioner, widow of an underground freedom fighter, challenged the order dated 23-06-2000 denying her claim for pension under the Swatantrya Sainik Sanman Pension Scheme. The court held that the petitioner is entitled to the pension as the widow of an underground freedom fighter and directed the respondents to grant all benefits from 14-08-1995. (Paras 1-3)
Issue of Consideration
Whether the petitioner, widow of an underground freedom fighter, is entitled to freedom fighters pension under the Swatantrya Sainik Sanman Pension Scheme despite the earlier denial by the State.
Final Decision
The petition is allowed. The order dated 23-06-2000 is set aside. The respondents are directed to grant the petitioner all benefits under the Swatantrya Sainik Sanman Pension Scheme applicable to underground freedom fighters from 14-08-1995.
Law Points
- Article 226 of the Constitution of India
- Swatantrya Sainik Sanman Pension Scheme
- Freedom Fighters' Pension
- Widow's entitlement
- Underground freedom fighter
Case Details
2020 LawText (BOM) (03) 19
WRIT PETITION NO.4633 OF 2016
SUNIL P. DESHMUKH, B. U. DEBADWAR
Mr V.S. Panpatte for petitioner, Mr P.N. Kutti, AGP for Respondents No.1 & 4
Sarubai w/o Narayansinh Thakur
The State of Maharashtra, Freedom Fighters' High Power Committee, The Desk Officer, General Administration Department, The Collector, Nanded
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging denial of freedom fighters pension.
Remedy Sought
Setting aside order dated 23-06-2000 denying pension and direction to grant all benefits under the Swatantrya Sainik Sanman Pension Scheme from 14-08-1995.
Filing Reason
Petitioner's claim for freedom fighters pension as widow of an underground freedom fighter was denied by respondent no.1.
Previous Decisions
Order dated 23-06-2000 passed by respondent no.1 denying the claim.
Issues
Whether the petitioner is entitled to freedom fighters pension as widow of an underground freedom fighter under the Swatantrya Sainik Sanman Pension Scheme.
Submissions/Arguments
Petitioner argued that her husband was an underground freedom fighter in Hyderabad Mukti Sangram and she is entitled to pension as his widow.
Respondents opposed the claim, leading to the impugned order.
Ratio Decidendi
The petitioner, being the widow of an underground freedom fighter, is entitled to the benefits under the Swatantrya Sainik Sanman Pension Scheme, and the denial by the State was unjustified.
Judgment Excerpts
This is a petition under Article 226 of the Constitution of India for setting aside order dated 23-06-2000 passed by respondent no.1 whereunder claim for freedom fighters pension stands denied and for direction to respondents to award all the benefits to petitioner, applicable to the underground freedom fighters under the scheme ‘Swatantrya Sainik Sanman Pension’ from 14-08-1995, declaring entitlement to the same being widow of underground freedom fighter.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, challenging the order dated 23-06-2000 passed by respondent no.1 denying her claim for freedom fighters pension. The court heard the parties and delivered judgment on 04-03-2020.
Acts & Sections
- Constitution of India: Article 226
