TMI Blog2004 (8) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... recognition and release of pension and other privileges as per Government Resolution No. POS-1093/C No. 127/FFS/Desk Mantralaya, Mumbai dated the 4th July 1995 which in its turn refers to 6 other Government Resolutions spread over a period between l0th August, 1970 and 5th September, 1992, the particulars whereof are not necessary for our purpose. According to the respondent, he had participated in Goa Liberation Movement and therein he had sustained built injuries on the left shoulder. It seems that primary evidence substantiating the respondent's claim is not available and, therefore, he relied on a certificate from the Goa Vimochan Samiti and certain cuttings of newspaper reports. The respondent's claim was rejected by the State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of the applicant is not seen. He has submitted the certificates from Shri Narayan Soman and Shri Govindrao Malshe and also has claimed in his affidavit that a bullet had hit him on his shoulder. The Collector has required to take the decision in the matter sympathetically vide his letter dated 28th June, 2003 and also has mentioned that the Zilla Gaurav Samiti has recommended the case for the sanction of the pension. However, the applicant has not submitted the required documents. Therefore the pension cannot be sanc-tioned to him. It appears that the respondent was not able to collect the requisite evidence/material to satisfy the State Government of his entitlement and, therefore, he approached Mumbai Upanagar Zilla Gau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been signed on 30th August, 2002. However, the appellants have brought on record another resolution of the same Committee (Anenxure -P9) dated 2nd September, 2002 which reads as under : Shri R.G. Waingankar has applied for freedom fighter pension. The documents submitted by him with the application have been verified. It is seen from the documents submitted by him that he had participated in Goa Liberation Movement. However, as he has not submitted any proof to substantiate his claim the Dist. Felicitation Committee (Zila Gaurav Samiti) has rejected the case. Signatures Chairman (ZGS) Members Countersigned: Secretary, ZGS (RDC) I agreed with the opinion of ZGS. As there is no substantial proof in the case req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be produced before the Government. It is not possible for this Court to scrutinize the documents which according to the petitioners, they had produced in support of their claim and pronounce upon their genuineness. It is the function of the Government to do so. We would, therefore, direct accordingly. The High Court exercising writ jurisdiction does not sit in judgment over the decision of the State Government like an appellate authority. Ordinarily, the High Court exercising writ jurisdiction cannot enter into re-appreciation of evidence and reverse the findings arrived at by the State Government unless they be perverse or be such as no reasonable man acting reasonably could have arrived at. If the High Court found that the deci ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
