STATE OF MAHARASHTRA Vs. NAMDEO
LAWS(SC)-2013-9-17
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on September 09,2013

STATE OF MAHARASHTRA Appellant
VERSUS
NAMDEO Respondents

JUDGEMENT

- (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.;


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