JUDGEMENT
KURIAN,J. -
(1.) Leave granted.
(2.) The appellants approached the High Court seeking freedom fighters' pension. The High Court declined the prayer of the appellants. Hence, these appeals.
(3.) A few similarly situated persons had approached this Court leading to the order dated 25th November, 2013 in Civil Appeal Nos. 10624-10636 of 2013. The Judgment reads as follows:-
"1. Leave granted.
2. The appellants, in this batch of appeals, are calling in question the judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition No. 2106/2008, WP No. 2107/2008, WP No. 2112/2008, WP No. 2123/2008, WP No. 2144/2008, WP No. 2146/2008, WP No. 2147/2008, WP No. 2148/2008, WP No. 2152/2008, WP No. 2153/2008, WP No. 2156/2008, WP No. 2164/2008, WP No. 2165/2008 dated 14.10.2011. By the impugned judgment and order, the High Court has affirmed the orders passed by the State Government cancelling the pensionary benefits granted to the appellants, presumably by relying on the report of Justice Palkar Commission.
3. In the appeals so filed, it is specifically averred by the appellants that they are all senior citizens. They also submit that at this ripe age, if they are deprived of the pensionary benefits, they would be in a position to eke out of their livelihood. They also submit that the freedom fighters pensionary benefit so granted by the State Government ought to have been withdrawn by passing the order/(s) on subsequent dates.
4. Per contra, the learned counsel appearing for the State of Maharashtra submits that since the appellants had obtained the freedom fighters pension by producing forged documents, they are entitled for grant of any pensionary benefits and, therefore, the State Government was justified in withdrawing the pensionary benefits so granted to them earlier.
5. We have heard the learned counsel appearing for the parties to the lis.
6. In our opinion, keeping in view the age of the appellants and also keeping in view the fact that at this old age, if small benefit that was already granted to them is withdrawn, it may be difficult for them to sustain themselves. In that view of the matter, in the peculiar facts and circumstances of the case, the impugned judgment and order passed by the High Court requires to be set aside.
7. Accordingly, we allow these appeals and set aside the impugned judgment and order passed by the High Court. We further direct that the pensionary benefits granted by the State Government will enure only to the benefit of the appellants and not to their legal heirs/representatives. After the bereavement of the appellant(s), the pensionary benefit so granted by the State Government will come to an end.
8. Since we have decided these appeals purely on facts and circumstances of each case, we clarify that this Judgment shall not be treated as a precedent in any other case.
9. We quantify the arrears from the date of cancellation of the pensionary benefits till date at Rs. 3,000/- each payable to the appellants within three months from the date of receipt of a copy of this Court's order. No order as to costs.";
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