RAVINDRA v. GHUGE, & Y. G. KHOBRAGADE, JJ.RESERVED ON
Legal Reasoning
Judgment-WP4506-24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABADWRIT PETITION NO. 4506 OF 2024Maroti s/o Ganpati Lokhande,Age 71 years, Occu: Pensioner,R/o Sundar Nagar, Chandanzira, Jalna...PetitionerVERSUS1.The State of Maharashtra,Through its Secretary,General Administration Department Mantralaya, Mumbai-322.The District Collector, Nanded... Respondents3.The District Collector, Jalna4.The Tahsildar, Jalna Tq. & Dist. JalnaMr. Vaibhav B. Dhage, Advocate for the Petitioner,Ms. Neha Kamble, AGP for the Respondents-StateCORAM: RAVINDRA V. GHUGE, & Y. G. KHOBRAGADE, JJ.RESERVED ON : 29th July, 2024PRONOUNCED ON:07th August, 2024JUDGMENT (Per: Y. G. Khobragade, J.) 1. Rule. Rule made returnable forthwith and heard finally byconsent of the parties.2. By the present Petition, the Petitioner has prayed for issuanceof Writ of Mandamus, directing Respondent No. 3 to pay arrears ofPage 1 of 8 Judgment-WP4506-24financial assistance w.e.f. 02.01.2018 till 11.11.2022 at the rate ofRs.10,000/- per month with interest @ 9% p.a. as per GovernmentResolution dated 03.07.2018. The Petitioner further prayed forcompensation to the tune of Rs.50,000/- for deliberate inaction for nonpayment of the financial assistance.3. The learned counsel appearing for the Petitioner canvassedthat during the period of emergency, the Petitioner along with 13 othersinnocent persons were detained in jail for the period of two monthsunder Rule 43(5) of the Defence of India Rule. On 14.02.2018, theState Government constituted a Committee for providing financialassistance to the detenues who were detained during emergency perioddeclared w.e.f. 25.06.1975 till 31.03.1977. On 3rd July 2018, the StateGovernment issued G.R., and framed a policy for providing financialassistance to the detenues of emergency Period and also to honourthem. As per Clause 1 of the said GR, the detenues, who suffereddetention for more than one month, are entitled for monetary benefitsof Rs. 10000/- per month. However, due to lack of fund, during Covid-19 pandemic, the said financial assistance was suspended under GRdated 31.07.2020. 4. Being aggrieved by the GR dated 31.07.2020, the LokatantraSenani Sangh Samiti filed a Writ Petition No. 7187 of 2020, but duringPage 2 of 8
Legal Reasoning
Judgment-WP4506-24the pendency of said Petition, Respondent No.1 decided to continue toextend monetary benefits under GR dated 14.02.2018. Accordingly, on23.08.2022, this Court disposed off the said Petition.5. The learned Counsel appearing for the Petitioner canvassedthat, the Petitioner was convicted and sentenced for the period of twomonths as per the judgment and order dated 25.08.1975 passed by thelearned JMFC, Kandhar, in RCC No. 458 of 1975. The Petitioner alsofiled an affidavit alongwith his application dated 06.09.2018, incompliance of G.Rs., dated 14.02.2018 and 03.07.2018, stating that hewas detained by Police along with Shri Uttam Ganpatrao Kadam and 17other. So also, they were prosecuted under Rule 43(5) of the Defence ofIndia Rules. However, Respondent No. 3, Collector, Jalna rejected theclaim of the Petitioner vide order dated 03.10.2019, on ground that thePetitioner has failed to produce substantial evidence in support of hisdetention during the period of emergency. Therefore, action on part ofRespondent No. 3 is illegal and bad in law and prayed for quashing andsetting aside of the same.6. Per contra, Ms. Pranali Trimbak Tayade, Tahsildar, Jalna filedan affidavit in reply on behalf of the Respondents and resisted claim ofthe Petitioner. The Respondents admitted about floating of scheme forhonouring the detenues who fought for democracy during period ofPage 3 of 8 Judgment-WP4506-24emergency from 1975 to 1977 as per GR dated 14.02.2018 and forproviding financial assistance as per GR dated 03.07.2018 which is tobe implemented with effect from 02.01.2018. However, the Committeeconstituted under GR dated 14.02.2018 rejected the Petitioner’sapplication dated 26.04.2018 because, the Petitioner has failed toproduce substantial documents in support of his detention during theperiod of emergency. Thereafter, Respondent No. 3 considered theapplication and vide order dated 22.12.2022, granted compensation ofRs. 5000/- by considering that the Petitioner was imprisoned for aperiod of 10 days during the period of emergency. 7. Ms. Neha Kamble, the learned Assistant Government Pleadercanvassed that, on 05.01.2023, the Petitioner submitted an applicationto Respondent No. 3- Collector for consideration of his imprisonmentperiod as 01 Month 22 days. On 15.06.2023, Respondent No. 3-Collector, Jalna passed an order and granted financial assistance to thePetitioner to the tune of Rs. 10,000/- per month, considering hisdetention period of two months. 8. The learned AGP canvassed that on 25.05.2023, the StateGovernment issued GR for providing monetary assistance to thedetenues during period of emergency, however, the detenues wererequired to file fresh applications on or before cut off date i.e. 31stPage 4 of 8 Judgment-WP4506-24October 2022, however, the Petitioner submitted the application on 5thJanuary, 2023 (X-1). Therefore the Petitioner is not entitled formonetary benefit with retrospective effect.9. Needless to say that, as per GR dated 14.02.2018, the StateGovernment constituted a committee to honour the detenues who weredetained during the period of emergency w.e.f. 25.06.1975 to31.03.1977. As per GR dated 26.02.2019, said detenues were requiredto furnish an affidavit on stamp paper of Rs. 100/- and otherinformation was not mandatory. As per the GR dated 03.07.2018, saiddetenues are entitled to receive financial assistance to the tune of Rs.10,000/- per month. Besides detenue, his widow is entitled to receiveRs. 5,000/- per month as an honorarium, if the said person is detainedfor more than one month and the detenue who was detained for lessthan one month would be entitled for Rs. 5000/-. 10. It is not in dispute that, during Covid-19 pandemic, thescheme of providing financial assistance to the detenue during periodemergency was temporarily suspended vide GR dated 31.07.2020. ThePetitioner produced copy of extract of Case Register of RCC No. 458 of1975, which shows that the learned JMFC, Kandhar has sentenced thePetitioner for the period of two months. The Petitioner had undergonesaid sentence.Page 5 of 8 Judgment-WP4506-2411.Needless to states that, the Committee constituted under theChairmanship of Respondent No. 3-Collector has considered the claimabout entitlement of the Petitioner for receiving monetary benefitunder the GR dated 14.02.2018, as he was sentenced by the JMFC,Kandhar. The Respondents admitted that the Petitioner alongwith 12other persons are entitled for monetary benefits being detenue duringemergency period. 12. Needless to say that as per GR dated 03.07.2018, detenuewho suffered detention for more than one month is entitled for themonetary benefit of Rs. 10,000/- per month w.e.f. 02.01.2018.However, said GR does not contemplate about extension of monetarybenefit from the date of application on which such detenue maysubmit an application. No doubt, GR dated 03.07.2018, was suspendedby another GR dated 31st July, 2020, but again vide GR dated28.07.2022, the suspended GR dated 03.07.2018 has been restored.Since, the Petitioner has suffered detention for the period more thanone month during period of emergency, therefore, considering hisgrievance, he would be entitled for the monetary benefits of Rs.10,000/- per month as per GR dated 03.07.2018 w.e.f. 02.01.2018 till11.11.2022. Therefore, Respondent No. 3 is not justified in grantingfinancial assistance of Rs. 5000/- as per order dated 22.12.2022 whichhas been subsequently modified under order dated 15.06.2023. Page 6 of 8 Judgment-WP4506-2413. Though, the learned AGP canvassed that, on 05.01.2023, thePetitioner submitted an application and prayed for monetary assistancebeing a detenue during emergency period, however, as per GR issued on25th May 2023, the cut off date provided is 31st October 2022,however, the Petitioner applied on 05.01.2023. Therefore, the Petitioneris not entitled for monetary assistance with retrospective effect. In thisregard it is submitted that, on 06.09.2018, the Petitioner for the firsttime submitted an application with required affidavit in compliance ofG.Rs., dated 14.02.2018 and 03.07.2018, stating that he was detainedby Police alongwith Shri Uttam Ganpatrao Kadam and other 17. Again,on 09.07.2020, the Petitioner tendered an application dated 09.07.2020alongwith required affidavit with Respondent No. 3 and producedextract of Case Register in respect of his detention during emergencyperiod and prayed for extension of financial assistance under GR dated03.07.2018. Therefore, it cannot be said that the Petitioner for the firsttime submitted application dated 05.01.2023 (Exh.-X-1). Therefore thesubmission canvassed on behalf of Respondents that the Petitioner is notentitled for any monetary benefits under G. R. dated 3rd July, 2018w.e.f. 2nd January, 2018 does not appear to be justifiable. However, saidG. R., does not contemplate about award of interest and compensation,therefore, the Petitioner is not entitled for interest and compensationthereon.Page 7 of 8
Decision
Judgment-WP4506-2414. In view of the above discussion, the present Petition is partlyallowed in terms of prayer clause B to the extent of financial assistance.Prayer B reads as under :-(B) Issue writ of mandamus, or any other writ, order ordirection like in the nature of writ of mandamus, directing therespondent no.3 to pay the arrears of financial assistance from02.01.2018 to 11.11.2022 @ Rs.10,000/- per month as per GRdated 03.07.2018 @ 9% interest to the Petitioner.15.Rule is made absolute accordingly. No order as to costs.( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )JPChavan Page 8 of 8