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2012 Supreme(SC) 473

T.S.THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA
KAMALBAI SINKAR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


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













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