ANANT GOVINDRAO SARAF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the adopted son of freedom fighter Shri Govindrao Saraf who died on 3-2-1987. After his death his wife Vatsalabai was getting pension of freedom fighter. The petitioner submits that as there was no issue to his adoptive parents he was adopted as their son on 19-8-1988. The mother of the petitioner died on 23-8-1992. The petitioner submits that as the adopted son the petitioner applied for certificate of nomination of freedom fighter but his application was not decided and therefore, this writ petition is filed for appropriate directions to the respondents to issue certificate of nomination of freedom fighter.

(2.) REPLY is filed on behalf of the respondent No. 1. It has been stated that since there is no provision for nomination in favour of an adopted son the application made by the petitioner on 8-8-1994 was rejected. In this context, reliance is placed on the decision of the High Power Committee appointed by the State Government to consider the question whether the nomination certificate could be issued when the father as well as the mother of the adopted son expired. The case of the petitioner therefore is governed by the policy decision of the State Government.

(3.) THE instructions issued by the Government vide letter dated 7-1-1997 clearly show that the High Power Committee of the Freedom Fighter Cell in its meeting held on 5-2-1996 took the decision that there is no need to issue the nomination certificate in case the freedom fighter as well as his wife i. e. both of them are not alive because the object for which such nomination is to be made will be frustrated.