THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.690 of 2007 Between:
Bandaru Kamallamma PETITIONER AND
1. The Government of India, rep. by its Secretary, Ministry of Home Affairs, Freedom Fighters Division, 1st Floor, Lok Nayak Bhavan, Khan Market, New Delhi, and others.
RESPONDENTS ORDER:
This writ petition challenges the action of the respondents in not considering the case of the petitioner for grant of freedom fighters pension under Swatantra Sainik Samman Pension Scheme, 1980, as illegal, arbitrary and unconstitutional.
2. Heard Sri Srinivasa Rao Bodduluri, learned counsel for the petitioner, Sri Adi Venkateswara Rao, learned counsel for the 1st respondent-Government of India, and learned Government Pleader for Revenue for the respondents 2 & 3, apart from perusing the material available on record.
3. According to the petitioner, her husband late Sri Bandaru Pullaiah submitted application dated 01.01.1985 for grant of freedom fighters pension and in view of the non-availability of official records, pertaining to the information of the arrest warrant issued against him, he filed a personal knowledge certificate issued by Sri Vemisetti Venugopalam, who was a prominent freedom fighter and leader of Telangana Struggle. Earlier when there was failure on the part of the respondents in not placing his case, the petitioner’s husband filed W.P.No.2287 of 1997 before this Court and this Court disposed of the said writ petition directing the respondents to consider his case. In response to the orders of this Court in W.P.No.2287 of 1997, the 1st respondent-Union of India, vide File No.112/206/97/FF(HC), dated 26.05.1997 requested the husband of the petitioner to forward his application to the State Government for their verification from the official records and their recommendation thereon. It is further stated in the writ affidavit that on 28.07.1997, the case of the husband of the petitioner was considered by the Hyderabad Special Screening Committee at agenda Sl.No.22 vide file No.112/206/97/FF(HC) and the Committee recommended his case for grant of freedom fighters pension. Unfortunately, the husband of the petitioner passed away. The grievance of the petitioner, precisely, in the present writ petition is that despite the above, no communication has been received from the respondent-authorities, and despite the enquiries made by the petitioner with the office of the Revenue Divisional Officer and District Collector about the status of the application, no information is forthcoming.
4. In the above said background, the present writ petition has been filed as long back as 05.01.2007.
6. This Court on 4.06.2007 issued rule nisi while issuing interim direction as prayed for in W.P.M.P.No.863 of 2007 dated 19.12.2008. Despite service of notice on the respondents no counter affidavits have been filed either in the direction of denying the averments in the affidavit filed in support of the writ petition or in the direction of justifying the impugned action. In these circumstances, this Court, having left no other option, is inclined to dispose of the writ petition, basing on the material available on record.
7. For the aforesaid reasons and having regard to the nature of the controversy, the writ petition is disposed of, directing the respondents to consider the case of the petitioner for grant of freedom fighters pension in accordance with the Swatantra Sainik Samman Pension Scheme, 1980 within a period of six months from the date of receipt of a copy of this order. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
17th July, 2014 Js.