THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.27534 of 2005 Between:
1. Perupalli Ramalingaiah, and others PETITIONERS AND
1. Union of India, rep. by its Secretary, Ministry of Home Affairs, Freedom Fighters Division, Lok Nayak Bhavan, New Delhi, and others.
RESPONDENTS ORDER:
The grievance, precisely, in the writ petition filed under Article 226 of the Constitution of India, is inaction on the part of the respondent-authorities in taking action for granting freedom fighters pension.
2. According to the petitioners, they are all old aged people and they participated in the freedom struggle against the erstwhile Nizam Government and as such they are entitled for Swatantra Sainik Samman Pension. As per the petitioners, they submitted applications for grant of freedom fighters pension in the year 1997 and when their applications were not placed before the Screening Committee, they filed W.P.Nos.20233 and 35021 of 1997 before this Court and the said writ petitions were disposed of with a direction to the respondents to place the matter before the screening committee for taking appropriate decision in the matter. It is further stated in the writ affidavit that subsequent to the said orders, petitioners were asked to attend the office of the District Collector, Khammam, on 22.06.2002 and they appeared before the authorities concerned and submitted the certificates. It is further stated that subsequently, the petitioners filed W.P.No.15280 of 2003 before this Court and this Court disposed of the said writ petition with a direction to the respondents to consider the case of the petitioners for freedom fighters pension in the light of the report submitted by the District Collector, Khammam, and pass appropriate orders in accordance with law within a period of 6 weeks from the date of receipt of the order. Subsequently, complaining inaction, a Contempt Case was filed before this Court and after receipt of notice in the said Contempt Case, the respondents issued proceedings dated 5.07.2004, stating that since the names of the petitioners did not figure in the list of the cases recommended by the erstwhile Hyderabad Special Screening Committee, the claims were referred for re-examination. It is stated that all the files relating to the petitioners are now pending with the 3rd respondent for forwarding to the 2nd respondent According to the petitioners, subsequently they approached the 2nd and 3rd respondents, but no action has so far been taken by them.
3. In the above background, alleging inaction on the part of the respondent-authorities, the present writ petition has been filed.
4. Even though this writ petition is filed as long back as in the year 2005, no counter affidavits have so far been filed by the respondent-authorities either in the way of denying the averments in the affidavit filed in support of the writ petition or in the way of justifying the impugned action.
5. The Government of India, with a laudable and sacred object of safeguarding the freedom fighters and their dependents from the onslaught of the financial constraints, which they are exposed to because of the sacrifices made by them during the freedom struggle for the purpose of liberating the country from the shackles of the colonial and feudal forces, introduced Swatantra Sainik Samman Pension Scheme. The benefit under the said Scheme, in the considered opinion of this Court, is neither a gratis nor a charity, but on the other hand, it is a right given to the freedom fighters under the scheme. Therefore, the authorities, functioning for enforcement of the said scheme, are required to address the claims under the scheme expeditiously and by adopting pragmatic approach keeping in view the object of the scheme.
6. In the instant case, the grievance of the petitioners, who are all senior citizens, is that the respondent-authorities have not taken any action in the direction of addressing the grievance of the petitioners. This Court finds absolutely no justification on the part of the respondent-authorities in not attending to the claim of the petitioners.
This attitude on the part of the respondent-authorities, in the considered opinion of this Court, is arbitrary, unreasonable, preposterous and reprehensible.
7. For the aforesaid reasons, this writ petition is allowed and respondents 2 and 3 shall forward the verification report to the 1st respondent after completing the enquiry into the claims of the petitioners within a period of three months from the date of receipt of a copy of this Order and the 1st respondent shall finalize the claim of the petitioners for grant of freedom fighters pension, after receipt of the said report from the State Government, within a period of three months. No order as to costs. As a sequel, miscellaneous petitions, if any shall stand closed.
JUSTICE A.V. SESHA SAI.
25th June, 2014 Js.