Case Note & Summary
The petitioner, Laxman s/o Rama Ghadge, an 85-year-old agriculturist from Ida, Tq. Bhoom, Dist. Osmanabad, filed a writ petition before the Bombay High Court (Bench at Aurangabad) challenging an order dated 05-12-2012 passed by Respondent No.3 (Desk Officer, Freedom Fighters High Power Committee) rejecting his claim for pension as an underground freedom fighter. The petitioner claimed that he had participated in the freedom movement during 1947-48 as an underground freedom fighter and had applied for pension under the Swatantrya Sainik Samman Pension Scheme, 1980 in 1998. The District Honour Committee, Osmanabad, in its meeting on 18-06-1999, had submitted a favorable report recommending his claim. However, the respondent No.3 rejected the claim without considering this report and despite a prior Division Bench judgment in Writ Petition No.3122 of 2011, which had quashed a similar rejection order and directed reconsideration. The petitioner sought quashing of the impugned order and direction to grant all benefits of the underground freedom fighter scheme with arrears of pension. The court heard arguments from Shri A.S. More for the petitioner and Smt D.S. Jape for the State. The court found that the impugned order was passed without application of mind, as it did not take into account the earlier favorable report and the Division Bench judgment. Consequently, the court allowed the writ petition, quashed the impugned order, and directed the respondents to reconsider the petitioner's claim afresh within three months, taking into consideration the earlier report and the Division Bench judgment.
Headnote
A) Administrative Law - Judicial Review - Non-Application of Mind - Swatantrya Sainik Samman Pension Scheme, 1980 - The impugned order rejecting the petitioner's claim for freedom fighter pension was set aside as it was passed without considering the earlier favorable report of the District Honour Committee and the judgment of the Division Bench in Writ Petition No.3122 of 2011, which had quashed a similar rejection order. The court held that the order suffered from non-application of mind and was unsustainable. (Paras 1-5) B) Constitutional Law - Right to Pension - Social Welfare Legislation - Swatantrya Sainik Samman Pension Scheme, 1980 - The court directed the respondents to reconsider the petitioner's claim for pension as an underground freedom fighter afresh, taking into account the earlier report and the Division Bench judgment, and to pass a reasoned order within three months. (Para 5)
Issue of Consideration
Whether the impugned order dated 05-12-2012 rejecting the petitioner's claim for pension as an underground freedom fighter is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 05-12-2012 is quashed and set aside. The respondents are directed to reconsider the petitioner's claim for pension as an underground freedom fighter afresh, taking into consideration the report of the District Honour Committee and the judgment in Writ Petition No.3122 of 2011, and pass a reasoned order within three months from the date of the order.
Law Points
- Freedom fighter pension
- Swatantrya Sainik Samman Pension Scheme
- 1980
- non-application of mind
- judicial review of administrative orders
- consideration of earlier judgments
