Case Note & Summary
The petitioner, Shri Ramkishan s/o. Narhari Sangewar, filed a writ petition challenging the order dated 4th August 2004 rejecting his claim for Samman Pension under the Freedom Fighter Pension Scheme, 1972. The petitioner claimed to have participated in the Hyderabad Liberation Movement as an underground freedom fighter, engaging in activities such as campaigning against the Nizam government, collecting funds, supplying weapons, and providing secret information. He submitted an application in 1990 with supporting documents including affidavits from veteran leaders. The respondents rejected the claim on the ground of insufficient evidence. The court examined the material on record and found that the petitioner failed to produce credible documentary evidence to substantiate his participation. The affidavits submitted were from interested parties and lacked corroboration. The court held that the burden of proof lies on the claimant to establish eligibility with reliable evidence. The petition was dismissed, upholding the rejection order.
Headnote
A) Freedom Fighter Pension - Samman Pension - Eligibility - Freedom Fighter Pension Scheme, 1972 - The petitioner claimed pension as an underground freedom fighter in the Hyderabad Liberation Movement. The court held that the claim must be supported by credible documentary evidence, and mere oral assertions or affidavits from interested parties are insufficient. The rejection of the claim by the respondent was upheld. (Paras 1-10)
Issue of Consideration
Whether the petitioner is entitled to Samman Pension under the Freedom Fighter Pension Scheme, 1972 based on his claim of participation in the Hyderabad Liberation Movement.
Final Decision
The writ petition is dismissed. The impugned order dated 4th August 2004 rejecting the claim for Samman Pension is upheld.
Law Points
- Freedom Fighter Pension Scheme
- 1972
- burden of proof
- documentary evidence
- oral testimony
- corroboration
Case Details
2016 LawText (BOM) (07) 4
WRIT PETITION NO. 6801 OF 2004
S.V. Gangapurwala, K.K. Sonawane
Mr. V.S. Panpatte for petitioner; Mr. B.A. Shinde, AGP for respondent Nos. 1,3 and 4; Mr. B.B. Kulkarni for respondent No.2
Shri Ramkishan s/o. Narhari Sangewar
The State of Maharashtra through its Secretary, Freedom Fighters Cell, General Administration Department, Mumbai; The Chairman, High power committee of Freedom Fighters Cell, General Administration Department, Mumbai; The Desk Officer/section officer, General Administration Department Freedom Fighters Cell, Mumbai; The Collector, Nanded
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Nature of Litigation
Writ petition challenging rejection of claim for Samman Pension under Freedom Fighter Pension Scheme, 1972.
Remedy Sought
Petitioner sought quashing of order dated 4th August 2004 and direction to grant Samman Pension.
Filing Reason
Petitioner's claim for pension was rejected by the respondent on the ground of insufficient evidence.
Previous Decisions
Order dated 4th August 2004 by respondent rejecting the claim.
Issues
Whether the petitioner is entitled to Samman Pension under the Freedom Fighter Pension Scheme, 1972.
Whether the petitioner provided sufficient evidence to prove his participation in the Hyderabad Liberation Movement.
Submissions/Arguments
Petitioner argued that he actively participated in the Hyderabad Liberation Movement as an underground freedom fighter and submitted affidavits of veteran leaders in support.
Respondents contended that the petitioner failed to produce credible documentary evidence to establish his claim.
Ratio Decidendi
The burden of proof lies on the claimant to establish eligibility for freedom fighter pension with credible documentary evidence. Mere oral assertions or affidavits from interested parties without corroboration are insufficient.
Judgment Excerpts
By this petition, the petitioner is agitating the validity, correctness and propriety of the impugned order passed by the respondent dated 4th August, 2004, rejecting the claim for grant of benefit of Samman Pension as envisaged under the Freedom Fighter Pension Scheme, 1972.
Procedural History
Petitioner applied for Samman Pension in 1990. Claim rejected by respondent on 4th August 2004. Petitioner filed writ petition in 2004. Judgment reserved on 4th April 2016 and pronounced on 5th July 2016.
Acts & Sections
- Freedom Fighter Pension Scheme, 1972:
