The Bombay High Court allowed a writ petition filed by the widow of underground freedom fighter who had participated in the Hyderabad Liberation Movement. The Court quashed the Maharashtra Government’s repeated denial of pension under the ‘Swatantrya Sainik Sanman Pension Scheme’, holding that the rejection was based on hyper-technical grounds and contrary to the object of the scheme.
Despite earlier court directions in 2020 to reconsider deceased’s claim sympathetically and in light of available affidavits and local recommendations, the State persisted with its denial, citing lack of contemporary records. The Bench of Justices R.G. Avachat and Neeraj P. Dhote ruled that such documents were not mandatory under the 1995 Government Resolution, and the affidavits of recognized pensioner-freedom fighters, coupled with a unanimous recommendation from the District Honour Committee, sufficed to establish participation.
Emphasizing that freedom fighter pension claims should not be rejected on procedural technicalities, the Court ordered the State to recognize the deceased as an underground freedom fighter and grant pension with effect from his original application date in 2004.
Appearances in the case:
Petitioner: Shri. V. S. Panpatte, Advocate
State: Shri. P. S. Patil, Addl. G. P. for the Respondent Nos.1 to 4
