Today(on 12th April),Bombay High Court criticizes Maharashtra government for failing to decide on benefits for Army major’s widow, despite court orders.
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MUMBAI: Today(on 12th April), The Bombay High Court has expressed dissatisfaction with the Maharashtra government’s failure to decide on the entitlement of benefits for the widow of an Army major who lost his life in Jammu and Kashmir.
Justices Girish Kulkarni and Firdosh Pooniwalla, sitting on the bench, conveyed their disappointment and surprise at the government’s stance despite previous court orders designating the matter as a “special case.”
The court was responding to a petition filed by Aakriti Sood, the widow of the late Major Anuj Sood, who requested financial benefits for ex-servicemen as per two government resolutions enacted in 2019 and 2020. Major Sood tragically passed away on May 2, 2020, while bravely rescuing civilian hostages from terrorist hideouts in Jammu and Kashmir. In acknowledgment of his valor, he was posthumously honored with the Shaurya Chakra.
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The state government contends that only individuals born in Maharashtra or those who have maintained continuous residency in the state for 15 years qualify for financial benefits and allowances. However, the government’s representative, P. P. Kakade, informed the bench on Friday that these benefits could not be granted to Major Sood as he was not considered a “domicile” of the state. Kakade emphasized the necessity for a well-considered policy decision, which would entail consulting the cabinet. However, he pointed out that the cabinet was not in session at the moment.
However, the bench found the government’s response lacking, expressing frustration that consistent excuses were being made to avoid reaching a decision.
The court remarked-
“You (government) are dealing with such a case…someone has sacrificed his life for the country and you are doing this. We are not happy.”
The bench reiterated that it had specifically instructed the chief minister, the highest authority in the state, to treat the matter as a special case and make an appropriate decision.
Justice Kulkarni further stated-
“You cannot evade (the responsibility) now. Now you are saying the cabinet has to review. The cabinet is not in session. This is unacceptable. We expected much better from the government.”
The court noted the government’s claim that Major Sood couldn’t receive benefits under the privilege policy, despite explicit instructions. Surprised by this stance, the court suggested if the chief minister couldn’t decide, the state should file an affidavit. They set April 17 as the deadline, assuring the matter’s resolution.
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Aakriti Sood, in her plea, challenged the government’s communication on August 26, 2020, which denied benefits to her late husband based on the claim that he was not born in Maharashtra or had resided in the state for 15 years. The petitioner argued that her family had been residing in Maharashtra for the past 15 years, as her late husband had always desired to live in Pune.