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SUPREME COURT OF INDIA
T.S. THAKUR & FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.
KAMALBAI SINKAR - Appellants
VERSUS
STATE OF MAHARASHTRA & ORS. - Respondents
Civil Appeal No. 5344 of 2012 (@ Slp (C) No. 8899 of 2010)
Decided on 20-07-2012.
Facts of the Case :
Present appeal has been filed against order passed by the High Court in the Writ Petition in which the claim of the appellants husband for grant of Freedom Fighters Pension came to be rejected.
Findings of the Court :
A. Appellants husband made a genuine effort to collect all credentials in his support as required under the Resolution of the State Government, and forwarded them to the State Government along with his application. There was no reason for the State Government to simply reject the application without assigning any reason. A perusal of the documents enclosed by the appellants husband along with his application disclosed that appellants husband made out a case for grant of Freedom Fighters Pension under the category "Underground Freedom Fighter". There was nothing more for the State to examine to honour the claim of the appellants husband for grant of Freedom Fighters Pension. The claim of the appellants husband could not be held to be a fraudulent one or without any supporting material.
B. High Court ought to have examined grievance of appellant before confirming order of rejection of respondent State-Impugned orders set aside. Respondent State directed to grant Freedom Fighters Pension in favour of appellants husband and since he was no more, grant the same with all arrears to appellant. Appeal was allowed
Result : Appeal allowed
JUDGMENT
Fakkir Mohamed Ibrahim Kalifulla, J.-Leave granted.
2. This appeal arises out of the order passed by the High Court in the Writ Petition in which the claim of the appellant’s husband for grant of Freedom Fighters’ Pension came to be rejected. Today the original applicant is not available and his wife is pursuing this litigation. By a Government Resolution dated 04.07.1995, after making references to various other earlier resolutions of the Government of Maharashtra relating to grant of Freedom Fighters’ Pension, the criteria for grant of Freedom Fighters’ Pension was specified under two different categories, namely, one under “Prisoners Freedom Fighter” and the other under the category of “Underground Freedom Fighter”. The claim of the appellant’s husband was under the second category, namely, “Underground Freedom Fighter”.
3. For grant of pension under the said category following requisites were stipulated:
“(E) Underground Freedom Fighter:-
Those freedom fighters who were under ground and doing a work in a movement of Quit India 1942-44 and Hydrabad Mukti Sangram 1947-48. They submit the following necessary certificates:
(1) Required to quit house and stay outside.
(2) Required to leave education or removed from Educational Institutions.
(3) Was so beaten by the police that caused disability.
(2) The Certificates of two Freedom Fighters who were convicted for minimum two years or who were declared absconding or who remained absconded for at least two years and along with such certificates, the Proclamation of conviction or absconding or supporting affidavit of person issuing such certificate alongwith the orders of Government.
(4) The certified copy, if any, Government document of that time is available regarding the underground.
(5) If any information about the name published in newspapers, the original newspaper.
(6) At the time of remark, District Gaurao Committee shall submit their opinion.”
4. The said Resolution was issued with the consent of the Finance Department bearing reference No. C.R-1183/94/VY-4 dated 10.11.1994. Pursuant to the said resolution dated 04.07.1995, the husband of the appellant forwarded his application dated 05.08.1995 through the Collector of Amravati. Along with the said application, he also enclosed certain Annexures (viz) a certificate of renowned freedom fighter dated 24.04.1984 by name Shankar Pandurangji Choudhari, a certificate issued by Mr. Maganlal Bagdi, Ex-MP, Hoshangabad along with his own certificate, a certificate of Patwari Kasba, Warud Division, Taluk Warud dated 29.09.1981, a certificate dated 08.06.1981 of freedom fighter S.P.Choudhary of Warud Taluk, Amravati District, a certificate issued by the office of Naib Tehsildar, M.K. Puranik dated 05.08.1961 in favour of Shankar Pandurang Choudhary about the imprisonments suffered by him and a medical certificate dated 15.08.1981 issued by Dr. S.G. Choudhari in favour of the applicant about his participation in Satyagraha Morcha on 13.08.1942, the injuries suffered by him in the Lathi Charge and the treatment given to him between 13.08.1942 to 15.08.1942.
5. Based on an earlier order passed by the Nagpur Bench of the High Court in Writ Petition No.424 of 2007, the Collector of Amravati in his letter dated 29.10.2009 informed the appellant that her husband’s claim for grant of Freedom Fighters’ Pension was submitted to the Government along with recommendation of the Gaurav Samiti dated 20.12.1996. The appellant was advised to contact the Government. However, in the order of the State Government dated 22.01.2008 communicated to the Collector of Amravati, it was stated that there was no concrete evidence in proof of the participation of the freedom fight movement by the husband of the appellant and his claim for grant of Freedom Fighters’ Pension was, therefore, rejected. The Collector was directed to communicate the same to the appellant.
6. Having perused the above materials on record, at the very outset, we wish to re
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