THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.23849 of 2006 Between:
1. Chandupatla Janardhan Reddy, and another PETITIONERS AND
1. Union of India, rep. by its Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, Lok Nayak Bhavan, New Delhi, and another.
RESPONDENTS ORDER:
This writ petition is filed seeking the following relief. “…….to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the cases of the petitioners for granting pension under Swatantra Sainik Samman Pension Scheme as arbitrary, illegal and for extraneous considerations and contrary to the Swatantra Sainik Samman Pension Scheme, and to issue a consequential direction to the respondent to consider the cases of the petitioners for granting pension under Swatantra Sainik Samman Pension Scheme…..”
2. Heard Sri Subba Rao Korrapati, learned counsel for the petitioners and Sri P. Vishnuvardhan Reddy, learned Assistant Solicitor General, for respondent No.1-Union of India.
3. According to the petitioners, they participated in Anti Nizam Government movement for merger of Hyderabad State into Indian Union and to avoid arrest during the said struggle, they joined the boarder camps and continued their destabilization activities under the leadership of camp in-charge. The petitioners submitted their applications for grant of freedom fighters pension in the year 1997. It is the pleaded case of the petitioners that the 1st respondent-Union of India forwarded their applications to the 2nd respondent for conducting enquiry and for submission of verification reports regarding the entitlement of the petitioners. The 2nd respondent-State Government in turn, requested the concerned District Collectors to send verification and entitlement reports for the purpose of considering the cases of the petitioners for grant of freedom fighters pension. The District Collector in turn referred the matter to the concerned Revenue Divisional Officers. Questioning the inaction thereafter, the present writ petition has been instituted.
4. This Court on 17.11.2006 issued Rule Nisi. Responding to Rule Nisi issued by this Court, a counter affidavit has been filed on behalf of the Union of India, saying that as per the available records of the respondent-Ministry, no previous applications of the petitioners either submitted directly by them or forwarded by the State Government, are pending with the respondent.
5. The material available on record clearly discloses that with regard to the 1st petitioner, on receipt of the report submitted by the Revenue Divisional Officer, Karimnagar, the District Collector, Karimnagar addressed a letter bearing No.C5/1770/2005, dated 21.03.2005 to the State Government recommending his case for sanctioning freedom fighters pension. With regard to the 2nd petitioner also, the District Collector vide Lr.No.C2/FF/14/M/2003, dated 23.02.2006, on receipt of report from the Revenue Divisional Officer, Siddipet, made similar recommendations to the State Government. Unfortunately, despite expiry of eight years, no counter affidavit has been filed on behalf of the 2nd respondent either in the direction of denying the averments in the writ affidavit or in the direction of justifying the impugned action.
6. As per the Scheme framed by the Government of India, the freedom fighters are conferred with a right to claim freedom fighters pension subject to certain conditions incorporated thereunder. In the instant case, despite the recommendations made by the District collectors, no action has so far been taken by the 2nd respondent. There is absolutely no material available on record to show that any action is taken on behalf of the State Government in the direction of forwarding the verification report to the Union of India. Therefore, this Court is inclined to dispose of the writ petition basing on the material available before this Court.
7. For the aforesaid reasons and having regard to the nature of controversy in the present writ petition, this writ petition is allowed, directing the 2nd respondent to take appropriate action in the direction of forwarding the verification report pursuant to the letter bearing No.C5/1770/2005, dated 21.03.2005 relating to the 1st petitioner and Lr.No.C2/FF/14/M/2003, dated 23.02.2006, relating to the 2nd petitioner addressed by the District Collectors, Karimnagar and Medak Districts, within a period of three months from the date of receipt of a copy of this order. If any such verification report is received by the 1st respondent within the period stipulated above, appropriate action shall be taken by the 1st respondent for settlement of the claims of the petitioners 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.