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IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
S.H. Kapadia, B.H. Marlapalle B.B. Vagyani, JJ.
Tukaram s/o Ramji Koli others..... Petitioners.
Versus
The State of Maharashtra others...... Respondents.
Writ Petition No. 366 along with 744, 3027, 5502, 5503 of 1998 with Writ Petition No. 176, 194, 195, 197, 198, 199, 1465, 1660, 1664, 1670, 1671, 1675, 1676, 1678, 1682, 1691, 1727, 1728, 1729, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1742, 1743, 1761, 1765, 2016, 1739, 2035, 2034, 2042, 2048, 2047, 2021, 2022, 2023, 2025, 2027, 2028, 2029, 2032, 2053, 2026, 2037 and 1960 of 1999, decided on 6-5-1999.
Advocates appeared :
P.M. Shah with V.S. Panpattee in W.P. No. 366, 744, 3027 of 1998 and in W.P. No. 1465, 1742, 1743, 1761, 1765, 1739, 2042, 2048, 2047, 2021, 2022, 2023, 2025, 2027, 2029 of 99, for the petitioners.
P.B. Varale, A.G.P., in W.P. No. 366, 744, 3027, 5502, 5503 of 1998 and in 176, 194, 2042, 2021, 2032, 2053 of 1999, for the respondents.
S.B. Talekar with G.S. Patil, in W.P. No. 5502 of 98 for the petitioner.
Ganesh Patel, in W.P. No. 5503 of 1998, for the petitioner.
S.G. Karlekar, in W.P. No. 176, 194, 195, 197, 198, 199 of 1999, for the petitioner.
A.M. Kanade A.G.P., in W.P. No. 195, 197, 198, 1728, 1734, 2048, 2022 of 1999, for the respondents.
R.P. Phadke A.G.P. in W.P. No. 199, 1765 of 1999
S.K. Kadam, A.G.P., in W.P. No. 1465, 1670, 1735, 2034, 2023 of 1999, for the respondents.
S.G. Karlekar G.S. Patil in W.P. No. 1660, 1670, 1671, 1675, 1691 of 99, for petitioner.
R.S. Deshmukh, in W.P. No. 1660, 1729, 1736, 2035 and 1960 of 99, for respondents.
G.S. Patil in W.P. No. 1664, 1676, 1678, 1682, 1729, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738 of 99, for the petitioner.
R.D. Phadke, A.G.P., in W.P. No. 1664, 1676 of 99, for the respondents.
K.G. Patil, A.G.P., in W.P. No. 1671, 1691, 2025 of 99, for the respondents.
K.M. Babulgaonkar in 1675, 1732, 1761, 2029 of 1999, for the respondents.
S.B. Bhakzinge, A.G.P., in W.P. 1678, 1731 1743, 1739, 2028 of 1999, for respondents.
K.B. Chaudhari, A.G.P. in W.P. No. 1682, 1730, 1742, 2016, 2027 of 99, for respondents.
Ganesh S. Patil in W.P. No. 1727, 1728 of 99, for the petitioner.
A.B. Gaikwad, A.G.P., in W.P. 1727, 1733, 1738, 2047, 2026, 2037 of 99, for respondents.
K.S. Patil A.G.P. in W.P. No. 1737 of 99, for respondents.
S.R. Choukidar in W.P. No. 2016, 2034, 2028 of 99, for the petitioner.
Haribhau s/o Chanappa Manidwar in W.P. No. 2035 of 1999, for the petitioner.
S.S. Pawar in W.P. No. 2032 of 1999, for the petitioner.
S.K. Shinde in W.P. No. 2053, 2026, 2037 of 1999, for the petitioner.
D.J. Choudhari, in W.P. No. 1960 of 1999, for the petitioner.
FREEDOM FIGHTERS PENSION - RETROSPECTIVITY OF GOVERNMENT RESOLUTION - APPLICABILITY TO PENDING APPLICATIONS - G.R. NO. POS-1093/FN. 127/FF CELL MANTRALAYA, DATED 4TH JULY 1995 - INTERPRETATION.
Fact of the Case:
The petitioners, freedom fighters, claimed freedom fighters pension or freedom fighters family pension. The Government of India introduced the Freedom Fighters Pension Scheme on the occasion of the 25th Anniversary of Independence. The scheme provided for grant of pension to freedom fighters and their families. The Apex Court, in Mukund Lal Bhandari v. Union of India, held that pension under the Scheme should be made payable only from the date on which the application is made, whether such application is accompanied by necessary proof of eligibility or not. The State Government issued various Government Resolutions laying down the criteria to scrutinise the applications for granting State Government's Freedom Fighters Pension to various categories of freedom fighters.
Finding of the Court:
The Court held that the G.R. dated 4th July, 1995 was applicable to all pending applications before the Collector as on 4th July, 1995 except in cases where Zilla Gaurav Samiti had already recommended the case for pension to the Government. The Court also held that the decision of the earlier Division Bench in Writ Petition No. 5376 of 1995 decided on 2nd September, 1998 stands overruled.
Issues: Whether the Government Resolution No. POS-1093/FN. 127/FF Cell Mantralaya, dated 4th July 1995 shall apply to all pending applications before the Collector as on 4th July, 1995?
Ratio Decidendi: The Court held that the G.R. dated 4th July, 1995 was applicable to all pending applications before the Collector as on 4th July, 1995 except in cases where Zilla Gaurav Samiti had already recommended the case for pension to the Government. The Court held that the G.R. dated 4th July, 1995 was not retrospective and that it only laid down the directives which were required to be fulfilled by the applicants constituting the necessary proof of eligibility.
Final Decision: The Court held that the G.R. dated 4th July, 1995 was applicable to all pending applications before the Collector as on 4th July, 1995 except in cases where Zilla Gaurav Samiti had already recommended the case for pension to the Government. The Court also held that the decision of the earlier Division Bench in Writ Petition No. 5376 of 1995 decided on 2nd September, 1998 stands overruled.
2. The Freedom Fighters Pension Scheme (hereinafter referred to for the sake of brevity as "the said Scheme") was introduced by the Government of India on the occasion of 25th Anniversary of the Independence. It commenced on 15th August, 1972. It provided for grant of pension to the freedom fighters and if they were not alive to their families and also to the families of the martyrs. From 1st August, 1980 the benefit of the Scheme was extended to all freedom fighters irrespective of their income and as a token of honour (Sanman) to them. The eligibility to get the Sanman pension depended upon the freedom fighter having suffered minimum imprisonment of six months. The object of the said Scheme was to honour and where it was necessary also to mitigate the sufferings of those who had given their all for the country in the hour of its need. The spirit of the Scheme being both to assist and honour the needy and to acknowledge the valuable sacrifices. The benefit of the Scheme was available irrespective of the date on which the application is made. In the case of (Mukund Lal Bhandari v. Union of India)1, reported in A.I.R. 1993 S.C. page 2127, the Apex Court took the view that pension under the Scheme should be made payable only from the date on which the application is made, whether such application is accompanied by necessary proof of eligibility or not. The pension was required to be sanctioned only after the requisite proof is produced. Accordingly, the Apex Court gave certain directions which are mentioned in para 6 of the judgment. As per the directions given, the respondents were directed to accept the applications irrespective of the date on which they were made. The applications were directed to be received without raising the plea of limitation. Pension was directed to be paid from the date on which the original application was received. Pension was directed to be paid with or without the requisite evidence. However, sanction of the pension was subject to the requisite proof in support of the claim. (Underlining supplied by us).
3. Over the years, the State Government issued from time to time various Government Resolutions laying down the criteria to scrutinise the applications for granting State Government's Freedom Fighters Pension to various categories of freedom fighters. The criteria are decided in consultation with high power Committee viz. Freedom Fighters Power Committee. Accordingly, on 5th September, 1992 the Government issued G.R. No POS. 1092/F.No. 101/FF Cell Mantralaya, which is quoted in its entirety hereinbelow:
"Regarding determination of age in respect of Underground Freedom Fighter.
Government of Maharashtra
General Administration Department
Government Resolution No. POS. 1092/F. No. 101/FF Cell Mantralaya, Mumbai-400 032 Date-5th September, 1992
Read 1) Govt. Resolution, General Administration Department No. POS-1283 UFF/VK-1/FF dated 3-12-1983.
2) Govt. Resolution, General Administration Department No. POS-1286/MFF Cell/ dated 7-8-1986.
3) Govt. Resolution, General Administration Department No. POS/F.N./101/92 F.F. Cell dated 7-8-1992.
Government Resolution: The question of determining the criteria at the time of making scrutiny of the applications for granting State Govt.'s Freedom Fighter Pension to the underground freedom fighters was under the consideration of the Government. The criteria are being determined in consultation with the Freedom Fighters' Power Committee.
1) Recommendations should have been made by the "Zilla Gourav Samiti" on the application made for grant of State Government Freedom Fighters Pension to the underground Freedom Fighters.
2) The minimum age of the applicant should be 16 years.
3) The application should be accompanied with the recommendation letter of two Freedom Fighters of the concerned District, who are k
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