IMPORTANT POINT
Direct evidence of having participated in the freedom movement, which events occurred almost 70 years ago, may not be available. In a given case, if there is some cogent material on the basis of which satisfaction can be arrived at about the participation in the agitation, the Government may relax the other requirements. However, it would be for the State Government to exercise such a discretion, in a given case, if it is otherwise fully satisfied that the material produced demonstrate that the applicant is a freedom fighter.

Judgment :-

A.K. Sikri, J.

1. Leave granted.

2. The three respondents herein were the original petitioners who had filed three separate Writ Petitions in their individual capacities. In these Writ Petitions, the petitioners claimed that they took part in the freedom movement and were, therefore, entitled to the benefits which the Government has announced with the proclamation of the “Freedom Fighters Pension Scheme”. Having regard to the fact that all the claims were on similar set of facts, the Bench High Court of Judicature at Bombay consolidated those three petitions and after hearing, has allowed all by single judgment dated 10.2.2012 with the following directions:

“(i) The impugned orders passed by the State Government, thereby rejecting claims of the petitioners for freedom fighter’s pension, are quashed and set aside. It is held that the petitioners are entitled to freedom fighter’s pension, under the Scheme framed by the State of Maharashtra, from the date of their first application.

(ii) The respondent-State and its concerned authorities are directed to pay freedom fighter’s pension to the petitioners, from the date of their first application. They shall start payment of said pension to the petitioners, within a period of three months from today. The arrears of pension, from the dates of their first application till realization of pension, shall be paid to the petitioners within a period of six months from today.”

3. As the appellant/State of Maharashtra is aggrieved by this judgment, instant special leave petitions are filed. Along with State of Maharashtra, others who have joined are the officers in the State Government who were arrayed as respondents in the Writ Petitions. Notice in these petitions was issued pursuant to which respondents entered appearance through their counsel. We heard counsel for both the parties at length.

4. In order to appreciate the controversy as well as propriety/validity of the orders passed by the High Court, it would be necessary to take note of the foundational basis of the claim for pension by the respondents.

5. The State of Maharashtra came out with Pension Scheme for “Underground Freedom Fighters” and Participants of the “Hyderabad Liberation Movement” in the year 1982 and 1992 respectively. Thereafter, another specific scheme dated 4.7.1995 was framed known as “Freedom Fighters Pension Scheme” which was issued vide Government Resolution of even date. As per this, the benefits were extended to freedom fighters of different categories stipulated therein, one of which was “Underground Freedom Fighters”. Since the respondents had made the claim under this category, we reproduce hereinbelow the said portion of the Government Order dated 4th July 1995:

“Underground Freedom Fighters:-

Freedom Fighters of “Bharat Chodo” agitation during 1942- 44 or Hyderabad Liberation Movement during 1947-48 who worked by remaining underground, will submit following certificate:-

(1) A certificate given type of difficulties and troubles of all sorts undergone during the agitation.

(a) Living away from the house.

(b) Explained from the educational institute or leaving education.

(c) Received beatings from police causing disabilities.

(2) A certificate to the effect that he was punished for minimum of two years or declared and remained absconding for minimum of two years from two Freedom Fighters of that area along with true copies of their certificate to the effect that of imprisonment or advertisement of declaration of absconding or Government orders. Also an oath of the certificate person will be attached.

(3) Certified copy of Government record of that time showing remained underground, if available.

(4) Original copy of newspaper of that time published giving information about having gone underground of the applicant and name etc. if available.

(5) Recommendation and opinion of Zilla Gourav Samiti giving specific information.”

These Government Orders were made applicable to all the pending cases.

Facts regarding Namdeo,