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1999 Supreme(Bom) 362

S.H.KAPADIA, B.H.MARLAPALLE, B.B.VAGYANI
Tukaram s/o Ramji Koli and others – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - S.H. KAPADIA, J.:---This is a group of petitions, wherein the petitioners are claiming freedom fighters pension or freedom fighters family pension.

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 appl












































































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