Ganeshrao Kishanrao Kadam v. The State Of Maharashtra And Others

1 WP2553.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2553 OF 2014 Ganeshrao Kisanrao Kadam ...PETITIONER versus The State of Maharashtra and ors.

...RESPONDENTS .....

Mr. Vilas B. Panpatte, Advocate for petitioner Mr. S.P. Sonpawale, Advocate for respondents No.1 and 4 Mr. Bhusan B. Kulkarni, Advocate for respondent No. 2 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 12th APRIL, 2016.

Order :-

1. Mr. Panpatte, learned counsel for petitioner submits that the petitioner had filed an application for grant of freedom fighter pension for having participated in Goa Liberation movement. Though, Zilla Gaurav Committee positively recommended the claim of the petitioner however, no decision as yet has been taken on it. Pursuant to the same, the petitioner had complied with all the requirements as laid down in Government Resolution dated 07-08-1986.

2.

Mr. Panpatte, learned counsel places reliance on the case of Tukaram Ramji Koli Vs. State of Maharashtra and others reported in 1999(3) Mh.L.J. 735 and unreported decision dated 19th April, 1995 in writ petition No. 1501 of 1995 (Maroti Punjaji Pawar Vs. State of Maharashtra and others) and states that requirements of Government Resolution dated 07-08-1986 would be applicable.

3.

We have also heard Mr. Kulkarni, learned counsel for respondent No. 2.

2 WP2553.14 4.

It appears that the petitioner has made application for grant of freedom fighter pension for having participated in Goa Liberation movement along with some documents, even recommendation of the President of Zilla Gaurav Committee is also placed on record. It appears that the petitioner has obtained said recommendation of the President of Zilla Gaurav Committee under Right to Information Act, 2005. 5.

Considering above, we pass the following order. (II) In case, the application and documents filed by the petitioner are not traceable, then he shall tender the copy of present writ petition along with annexures thereto before the concerned respondent and the authority concerned shall treat the same as application of present petitioner. (I) Respondent - appropriate authority shall take decision on the claim of the petitioner for grant of freedom fighter pension for having participated in Goa Liberation movement, as expeditiously as possible, preferably within a period of three months, from the date of receipt of this order. 6.

With these directions, writ petition stands disposed of. No costs. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK