HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.8374 of 2009 Date : 14-07-2014 Between:
Devaraju Kanukaiah s/o Late Lachaiah (file No.112/1677/82) aged 81 years, Occ: Agriculture, R/o. Mutharam Village, Bheemadevaraapally Mandal, Karimnagar District and others.
… Petitioners and The Deputy Secretary, Government of India, Ministry of Home Affais, Freedom Fighters Division, Loknayak Bhavan, Khan Market, New Delhi and another.
… Respondents THE HON’BLE SRI JUSTICE A.V.SESHA SAI ORDER:
WRIT PETITION No.8374 of 2009
This writ petition filed under Article 226 of the Constitution of India, assails the action of the respondents in not granting Swatantra Sainik Samman Pension to the petitioners as illegal, arbitrary and unconstitutional.
2. Heard Sri K.Ramakrishna, learned counsel for the petitioners and Sri Adhi Venkateswara Rao, learned counsel for the first respondent Union of India.
2. According to the petitioners, petitioner Nos.1, 3 to 13, 16, 17, 20 and 21 participated in the freedom struggle against the then Nizam Government during the years 1947-1948 for merger of Hyderabad State into the Union of India and underwent imprisonment for more than six months. The petitioners 2, 14, 15 and 22 are the dependants i.e., the wives of the freedom fighters, who are similarly situated. Petitioners made applications for grant of Freedom Fighters Pension in the year 1980 enclosing the necessary documents. It is the further case of the petitioners herein that on the applications made by the petitioners for grant of Freedom Fighters Pension, the first respondent instructed all the State level authorities to conduct a detailed enquiry in respect of the said applications and the District Collector, Karimnagar, after holding enquiry, recommended the case of the petitioners to the second respondent/State Government and thereafter the State Government recommended the case of the petitioners to the Central Government. Challenging the inaction on the part of the first respondent/Union of India, the present writ petition has been filed.
3. Responding to the Rule Nisi issued by this Court, a counter affidavit is filed by the second respondent stating that the verification reports of all the petitioners herein were forwarded to the Union of India and the full particulars of all the members are also given in the said counter affidavit.
4. Despite service of notice, no counter so far has been filed by the Union either in the direction of supporting the averments filed in support of the petition or in the direction of justifying the impugned action. It is also to be noted at this juncture that this Court while ordering Rule Nisi on 22.04.2009 granted interim direction in WPMP.No.10946 of 2009 directing the respondents herein to consider the cases of the petitioners for grant of Swatantra Sainik Samman Pension. There is absolutely no material to show that any action is taken pursuant to the said orders. Therefore, this Court is left with no other option except to dispose of the present writ petition basing on the material available on record.
5. The Government of India with the laudable and sacred object of safeguarding the freedom fighters from the onslaught of the financial constraints which they are exposed to because of the sacrifices made by them during the freedom struggle, introduced the Swatantra Sainik Samman Pension Scheme. The benefit conferred under the said scheme on the freedom fighters and their dependants, in the considered opinion of this Court is a right, but not a charity. The authorities entrusted with the function of dealing with the claims under the said scheme are required to address the claims as expeditiously as possible without there being any delay, otherwise, the very purpose and object behind the said scheme would be frustrated.
6. In the instant case, despite the fact that the case of the petitioners were recommended long back, which is evident from the counter affidavit filed by the second respondent/State Government, no action has been taken so far by the first respondent Union of India. This action on the part of the first respondent Union of India in not addressing the claims of the petitioners herein despite the lapse of considerable length of time cannot be said to be a reasonable one.
7. For the aforesaid reasons, writ petition is disposed of, directing the first respondent Union of India to consider the case of the petitioners herein for grant of Swatantra Sainik Samman Pension pursuant to the recommendations and verification reports sent by the State Government, within a period of three months from the date of receipt of a copy of this order. As a sequel, miscellaneous petitions, if any shall stand closed.
No order as to costs.
A.V.SESHA SAI, J Date:14.07.2014 grk THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.8374 of 2009 Dated:14.07.2014