JUDGEMENT
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(1.) Leave granted.
(2.) This appeal arises out of the order passed by the High Court in the
Writ Petition in which the claim of the appellant's husband for grant of
Freedom Fighters' Pension came to be rejected. Today the original
applicant is not available and his wife is pursuing this litigation. By a
Government Resolution dated 04.07.1995, after making references to various
other earlier resolutions of the Government of Maharashtra relating to
grant of Freedom Fighters' Pension, the criteria for grant of Freedom
Fighters' Pension was specified under two different categories, namely, one
under "Prisoners Freedom Fighter" and the other under the category of
"Underground Freedom Fighter". The claim of the appellant's husband was
under the second category, namely, "Underground Freedom Fighter".
(3.) For grant of pension under the said category following requisites
were stipulated:
" E) Underground Freedom Fighter:-
Those freedom fighters who were under ground and doing a work in
a movement of Quit India 1942-44 and Hydrabad Mukti Sangram 1947-48.
They submit the following necessary certificates:
1)Required to quit house and stay outside.
2)Required to leave education or removed from Educational
Institutions.
3) Was so beaten by the police that caused disability.
2) The Certificates of two Freedom Fighters who were convicted for
minimum two years or who were declared absconding or who remained
absconded for at least two years and along with such certificates, the
Proclamation of conviction or absconding or supporting affidavit of
person issuing such certificate alongwith the orders of Government.
4) The certified copy, if any, Government document of that time is
available regarding the underground.
5) If any information about the name published in newspapers, the
original newspaper.
6) At the time of remark, District Gaurao Committee shall submit their
opinion."
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