K. J. VAIDYA, J. ( 1 ) AFTER 45 years of independence quite an embarassing and heart-searching question which this Court is painfully befaced to deal with is - What indeed could be the real fun in having valuable bejewelled golden ornaments lying treasured in cupboard when a person for whom it is actually meant for is simply struggling hard and/or is unable to keep his/her body and soul together to adore the same in these extremely hard days of ever-escalating inflation ? Similar indeed is perhaps the question which has casted its omnious shadow of gloom on the facts of the instant case where this Court to its quite great predicament finds that despite availability of the most cherished valuable fundamental rights the system of Rule of Law to enforce them tall talks of justice equality liberty and dignity of the citizen treasured as guarantee in the Constitution of India some poor disabled downtrodden citizens who do not have any economic means to have bread to survive and sustain their lives are unable to enjoy the same ? In the light of this question do not all these fundamental rights in absence of the effective right to live meaning thereby right to have economic assistance appear quite ridiculous and pales into insignificance just like a zero without any other numerical figures ahead of it to have any meaning ? In the light of this question do not all these fundamental rights in absence of the effective right to live meaning thereby right to have economic assistance appear quite ridiculous and pales into insignificance just like a zero without any other numerical figures ahead of it to have any meaning ? It is not that only hungry nacked and homeless who are undergoing the real pangs and sufferings of the struggles for their existence can tell us what is the real meaning of the aforesaid otherwise glorified fundamental rights in absence of food to stomach cloths to cover and home to shelter in Today is it not that for millions and millions in our country the unconditional economic security to helpless and handicapped and right to employment to be physically fit can only be the real first and foremost fundamental right and that in absence of this supreme right to bread the requirement of life and right to employment to earn bread the unquestionable foundation of socio-economic justice what indeed could be the meaning and purpose of fundamental rights which to them as often alleged perhaps appear just a window dressing only In short the real question ultimately involved in case like the present one is whether the have nots would be justified in making grievance in alleging that there are two classes of citizens in this country namely one from whom the benefits of fundamental rights under the Constitution are available viz. that of haves and the second of have nots - who just go on struggling hard for their daily basic economic needs of life and because of this for whom the said fundamental rights are nothing but a joks and scoff at the empty ballies ( 2 ) THIS takes us now to few relevant facts constituting the background in which the above startling question arises. Accordingly petitioner Fatimaben A. Sipai is widow of one Alibhai Chandbhai who while working at Rajula in the Court of erstwhile State of Jafrabad died in the year 1947 Petitioner unfortunately having no issue thereafter started living with her brother who also died some years thereafter leaving her alone in this world to lead a miserable life without any economic support It is under these circumstances that the poor illiterate petitioner approached the concerned authority for getting pension but as the Family Pension Scheme was not in force she did not get any help in those days Petitioner thereafter approached office of the District Sahayak at Amreli but there also she was informed that by virtue of the Government Resolution dated 19-5-1989 widows were not entitled to any monetary assistance who had applied after 21-3-1988. Enlisting further details as stated in the petition according to the petitioner the action of the respondent - authorities in fixing a cut-date for giving assistance to widows being arbitrary illegal and violative of Articles 14 and 16 of the Constitution the same deserves to be struck down. It also appears that before applying for family pension petitioner had made some efforts to collect the service record of her deceased husbands from Rajula Court which she was told was not available. It is under these circumstances that the petitioner having failed to get pension as a widow of Government servant has ultimately knocked the door of this Court with the help of Legal Aid Committee giving rise to the present petition. ( 3 ) MR. K. J. Thakar the learned Advocate for the petitioner while striving hard to make out a case of some pensionary assistance vehemently submitted that petitioner is an old poor and disabled lady without any family members to support her and is practically starving. Mr. Thakar further submitted that whatever best efforts that could be put in to collect the service record of her late husband-Alibhai in order to secure pensionary assistance have been made by her but unfortunately as the misfortune continues to shadow her the service record being quite old i. e. of the year 1947 and untraceable the concerned Court has shown its inability to assist her. Mr. Mr. Thakar under the circumstances quite frankly submitted that in the facts and circumstances of this case if it was not possible to give any pensionary assistance to the petitioner in her capacity of being widow of Government servant then in that case at least on humanitarian grounds some recommendation be made to the State Government to give economic assistance so that she can keep her body and soul together to honourably live remaining days of her life and in any case do not succumb to frustration and starvation death ( 4 ) AS against the above Mr. T. H. Sompura the learned AGP submitted that with all sympathy for the petitioner in absence of any service record available with the Court as per the rules it was not possible to render any assistance to her as prayed for. The learned AGP further submitted that unless and until petitioner submits a certificate that she is a widow of Government servant she cannot be given any benefit. The learned AGP on the basis of an Affidavit filed by one. J. N. Karotra Clerk of the Court District Court Amreli further submitted that all possible efforts have been made by his office but no service record of the petitioners husband could be traced. It is further stated in the said Affidavit that there is not an iota of evidence to show that petitioners husband had ever worked in the Court at Rajula. It also stated in the said Affidavit that the record of the year 1947 being quite old was not available with the office of respondent No. 3. When such is the situation in absence of any evidence the petitioner is not entitled to get pensionary assistance as widow of a Government servant. It was further pointed out by the learned AGP that if the petitioner is exceptionally given pensionary assistance without she producing any evidence in support of her claim there are all chances that absolutely fake claims would be made by several such persons and that the same indeed can never be satisfied. The learned AGP further submitted that the petition has been filed after as many as 45 years and thus since the same also suffers from the patent vice of staleness delay and laches on this ground also it deserves to be dismissed. The learned AGP further submitted that the petition has been filed after as many as 45 years and thus since the same also suffers from the patent vice of staleness delay and laches on this ground also it deserves to be dismissed. On the basis of the aforesaid submissions the learned AGP finally urged that it is not possible to grant any relief to the petitioner and that the petition deserves to be dismissed. ( 5 ) NOW on examining the submissions made by the respective parties in absence of anything concrete brought on the record to show that the petitioner in fact is widow of Government servant it is indeed not possible to grant her any relief Thus strictly speaking legally there is nothing on the record on the basis of which this Court can do anything to assist the petitioner though it is very much conscious of the fact that she is an old poor and disabled lady without any economic assistance practically starving as asserted by her learned Advocate. 5. 1 That takes us to the second submission of Mr. Thakar that if there was no legal way out to assist the petitioner then in that case on some humanitarian grounds the case of petitioner could be recommended to the State Government to render some economic assistance to her so that she can pull on and sustain her life. ( 6 ) NOW strictly speaking in absence of any legal or constitutional right being made out by the petitioner this Court ordinarily cannot and would not like to go out of way and over-step its jurisdictional bounds by suggesting or asking the Government to do something special in favour of the petitioner. Apart this this Court is also quite conscious of every increasing financial liability of the State as against the limited revenue resources to meet with the same resulting into great economic constraints upon the public exchequer. Apart this this Court is also quite conscious of every increasing financial liability of the State as against the limited revenue resources to meet with the same resulting into great economic constraints upon the public exchequer. Still however taking the stock of situation from the plight of the petitioner and so many other similarly placed starving citizens clamouring for the economic justice in the country this Court feeling itself obliged as one of the responsible constitutional functionary and of the three important constituents of the State exceptionally thinks it quite just and proper to invite in the right earnest the attention of all concerned to focus the same on imminent need of socio-economic justice in the back-drop of the question raised above and in the light of the same further venture to recommend the State Government to just apply afresh to the burning problem of the country covering quite large weaker and downtrodden section of the society. This humble attempt on the part of this Court is only to stirrup/spark off and set in motion and signal the direction objectives and the goal which has so far remained unfulfilled which incidentally co-relates with the dream of Father of the Nation - Late Shri Mahatma Gandhi namely that of wipping off tears from the eyes of such needy and downtrodden sections of the society which can be done by providing at least square meal a day pair of clothes and roof to shelter in. 6. 6. 1 Thus taking into consideration the pathetic plight of the starving petitioner and what ought we know about the miseries of hundreds and thousands of similarly placed such persons in the country it would be in quite fitness of things if the State Government is recommended either to render some financial assistance to the petitioner by finding out some provision or scheme [if any] in existence to the ignorance of the petitioner by virtue of which she can be assisted or in case if indeed there is no such scheme or provision is in existence then bearing in mind the absolute importance of the economic justice to such needy people alongwith above dream of the Father of Nation the State Government would indeed do well if it anxiously consider the least possible that could be done to render succour to such disabled citizen found to have been succumbing to the frustration and starvation At the cost of repetition it may once again be stated that this Court is quite conscious of the economic constraints upon the State Government because of very many problems and indeed at the first sight it does appear to be if not impossible quite difficult task to be undertaken on hand immediately but we all know too well that the longest of the long distance in the darkest of the dark night when it required to be travelled it starts with a small step and lantern to light the path ahead in the said direction and the entire distance though cannot be covered by long jump at a time the same can certainly be gradually covered with each small steps in the direction at the regular intervals Accordingly this Court feels that what it legally is unable to do to redress the grievance of the needy and disabled petitioner perhaps can be got done by highlighting and bringing this aspect to the notice of the State Government It is hoped that the State Government will quite earnestly examine the human problem involved in the light of the discussion made above and indeed would do its best to assist the petitioner under any scheme if available And in case if indeed there is no such scheme in existence then also it is indeed high time the Government may give its serious thought to frame such new scheme so as to protest the life of the petitioner and similarly placed others by providing food clothes and shelter; by opening the rescue homes for the totally helpless and handicapped poor section of the Society This could be done by the State Government of its own or with the assistance of voluntary organisations at village taluka and district level ( 7 ) IN the light of the aforesaid discussion turning back to the facts of the present case the State Government may first of all direct the Collector or Dy. Collector of the concerned area to personally visit and inquire into the matter and verify the truthfulness and genuineness of the petitioners case regarding her economoc disability etc. etc. This inquiry is necessary by way of abundant caution because this Court had no opportunity to verify the truth of assertions as it has appreciated this case on the basis of one-sided averments made in the petition and the submissions of the learned Advocate appearing for the petitioner If it is ultimstely found that the case of petitioner is genuine one then in that case the Government may do needful; if possible at e earliest in order to render immediate succour to the failing hopes of the disabled petitioner before she succumbs to the alleged starvation as vehemently asserted before this Court by her learned Advocate. The learned Advocate for the petitioner at this stage has requested this Court to permit him to make a representation to the Chief Secretary of the State Government alongwith a copy of this judgment Permision granted It is hoped that the State Government would examine the human problems involved in the lines suggested above and do its best if possible under any scheme of Government to help the downtrodden petitioner facing starvation. ( 8 ) WHILE answering the question raised at the very opening of this judgment it may briefly be stated that we have indeed one of the best and quite ideal Constitution in the world to be proud of with good meaning fundamental rights to makie living of the people worthy cultured dignified and honourable. But at the same time in order to ensure that benefits of the ideal Constitution reaches upto weaker and downtrodden sections of the society which in fact covers major chunk of the overall population unless some special provision is made by way of some economic justice as a substantial right to live for them perhaps the cherished desire of the Father Founder of the Costitution to that extent may indeed remain unfulfilled. In fact in order to meet with the alleged economic injustice at least bare minimum for a person to breath on by way of square meal a day pair of clothes and roof to shelter in for totally disabled downtrodden people and the right to employment for every able-bodied citizen deserves to be considered and implimented to the best of the capacity of the Government. We all know that the freedom from hunger and for that purpose from the struggle for existence under the gripping shadows of shattering fear of tomorrow are the two real greatest freedoms and it is only when they are won then and then only it could be proudly said that India has won the freedom. Thus perhaps that decisive moment in the history of the Nation has come when after seeing the Constitution working for all these 45 years to take stock of the situation and lesson therefrom to think and apply afresh for up-bringing the dying hopes and aspiration of the suffering section of the society to which as alleged the fruits of Swarajya- the real independence are yet to reach This can only be done once again by resolving and dedicating ourselves to that glorious goal of freedom from hunger and struggle for existence under the gripping shadows of fear of tomorrow for bread and butter. ( 9 ) IN the resulf this petition is dismissed and stands disposed of in the light of the observations and direction given hereinbove. The Office is directed to give a copy of this judgment immediately to the learned Advocate for the petitioner. Rule discharged. 9. 1 Further still Office Registry is directed to immediately forward a copy of this judgment to the Chief Secretary Government of Gujarat Sachivalaya at Gandhinagar. ( 10 ) AFTER the above judgment came to be dictated Mr. Thakar the learned Advocate for the petitioner specially requested this Court not to sign the same with a view to enable him to collect material if any lying with the petitioner in support of her case. Mr. Thakar further urged that this being the Legal Aid matter the last opportunity be given to the petitioner in the overall interest of justice. Under the circumstances signing of this judgment is deferred till then. 6-7-93 - 28-7-93 ( 11 ) TODAY Mr. Thakar the learned Advocate for the petitioner has stated that he was unable to get further particulars and in that view of the matter this Court may sign the judgment. Order accordingly. .