Vasant Govindrao Choure vs The Union Of India Through The Deputy ...
2024 Latest Caselaw 1811 Bom

Bombay High Court

Vasant Govindrao Choure vs The Union Of India Through The Deputy ... on 22 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:1351-DB


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               2 WRIT PETITION NO. 5200 OF 2023
                              VASANT GOVINDRAO CHOURE
                                            VERSUS
                      THE UNION OF INDIA THROUGH THE DEPUTY
                                SECRETARY AND ANOTHER
                                                ...
                Advocate for the Petitioner : Mr. N.L. Jadhav
                Standing Counsel for Respondent 1/UoI : Mr. A.N. Patale
                AGP for Respondent 2/State : Mr. R.S. Wani
                                                ...

                                      CORAM : RAVINDRA V. GHUGE
                                                        &
                                              Y. G. KHOBRAGADE, JJ.

DATE :- 22nd January, 2024

Per Court :-

1. On 19.12.2023, we had passed the following order:-

"1. The learned Standing Counsel for Respondent No.1/ Union of India submits that the claim of the Petitioner was earlier rejected. Merely by filing one more representation and seeking orders to consider the representation, would not advance the case of the Petitioner.

2. The learned Advocate for the Petitioner submits that the freedom fighter's pension payable by the State Government has been granted to the Petitioner by the Judgment of this Court dated 13/07/2022 in Writ Petition No.4330/2021 to the extent of the arrears. There is no dispute that the Petitioner is entitled for the State freedom fighter's pension. Having suffered 10 months of imprisonment, it would entitle the Petitioner to seek Central Government's freedom fighter's pension.

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3. Issue notice to the Respondents, returnable on 15/01/2024. The learned Standing Counsel for the Union of India waives service of notice on behalf of Respondent No.1. The learned A.G.P. waives service of notice on behalf of Respondent No.2.

4. The Petitioner is 90 years of age and, therefore, we are listing this Writ Petition in the 'urgent orders' category on 15/01/2024."

2. The learned Advocate for the Petitioner points out

prayer clause B wherein, the Petitioner prays that the claim of the

Petitioner for grant of the Central Government Freedom Fighters

Pension be verified and an appropriate order be passed.

3. The learned AGP submits, on instructions, that the

proposal will be verified and cleared tomorrow (23.01.2024) and

thereafter, it would be forwarded to the District Collector, who

would then forward the same to Respondent No.2/ Principal

Secretary.

4. The learned Advocate for the Petitioner submits that

appropriate directions be issued and the matter can be disposed

off.

5. In view of the above, this Writ Petition is disposed

off with the following directions:-

(a) The District Collector, Dharashiv, would forward the *3* 2wp5200o23

proposal of the Petitioner, so as to reach Respondent No.2/

Principal Secretary, within 10 days from today.

(b) Thereafter, Respondent No.2 would scrutinize the

said proposal and forward the same to Respondent No.1 within

30 days.

(c) After Respondent No.1 receives the proposal, by

carrying out proper verification, appropriate orders be passed on

the proposal and if the Petitioner is entitled, necessary directions

for commencement of the pension, be issued within 30 days.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)