THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.23371 of 2006 Between:
1. Meda Pratapa Reddy and others PETITIONERS AND
1. Union of India, rep. by its Deputy Secretary, Ministry of Home Affairs, Lok Nayak Bhavan, (Hyderabad FF Cell), New Delhi, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the respondents in not considering the cases of the petitioners for granting pension under Swatantra Sainik Samman Pension Scheme, 1980.
2. Heard Sri Subba Rao Korrapati, learned counsel for petitioners and Sri P. Vishnuvardhan Reddy, learned Assistant Solicitor General for the Union of India-1st respondent, apart from perusing the material available on record.
3. According to the petitioners, they participated in Anti Nizam Government movement for merger of Hyderabad State into Indian Union and to avoid arrest they joined in boarder camps. Petitioners submitted applications to the 1st respondent in the year 1997 for grant of freedom fighters pension under the Scheme. It is pleaded in the writ affidavit that as per the Scheme framed by the Union of India, the 1st respondent forwarded all the applications to the 2nd respondent-State Government for holding enquiry and for submitting verification reports with regard to their entitlement for grant of pension. The 2nd respondent-State Government, in turn, requested the concerned District Collectors to send verification and entitlement reports for consideration of the cases of the petitioners for grant of pension. In the present writ petition, it is the grievance of the petitioners that despite the reports submitted by the concerned Mandal Revenue Officers and Revenue Divisional Officers, no further action has been taken by the authorities in the direction of considering the cases of the petitioners for grant of pension.
4. The Government of India, with a laudable and holy object of safeguarding the freedom fighters from the financial difficulties, which they are forced to face, because of the sacrifices made by them, introduced the Swatantra Sainik Samman Pension Scheme, 1980. The authorities entrusted with the function of considering the claims under the said scheme are required to address such applications for grant of pension in expeditious manner.
5. In the instant case, the material available on record clearly and categorically discloses that the concerned Mandal Revenue Officers and the Revenue Divisional Officers, after holding enquiry, submitted their reports approximately a decade ago. Unfortunately, there is no material available on record to show that any further action is taken thereafter. It is also to be noted that no counter affidavit has so far been filed on behalf of the respondents either in the direction of denying the averments in the writ affidavit or in the direction of justifying the impugned action. In the considered opinion of this Court, the petitioners cannot be asked to wait for eternity for settlement of their claims. Therefore, this Court is inclined to dispose of the present writ petition basing on the available material.
6. For the aforesaid reasons, and having regard to the nature of controversy in the present writ petition, the writ petition is allowed, directing respondents 2 and 3 to send verification reports to the 1st respondent within a period of three months from the date of receipt of a copy of this order and if any such reports are sent by respondents 2 and 3 within the time stipulated, the 1st respondent shall take appropriate action in the direction of considering the claim of the petitioners for grant of freedom fighters pension, within a period of three months thereafter. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
14th July, 2014 Js.