IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1004 OF 2014 DATED: 17-07-2014 Between:
The Government of India, Ministry of Home Affairs … Appellant And Sri M. Venkataiah and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO.1004 OF 2014
JUDGMENT: (per Hon’ble Sri Justice Sanjay Kumar)
Being aggrieved by the order dated 11-03-2014 passed by a learned Single Judge in W.P. No.17818 of 2006 directing it to sanction pension to the writ petitioner under the Swatantra Sainik Sanman Scheme, 1980, the Government of India is in appeal before this Court.
2. The writ petitioner was refused sanction of pension under order dated 13-12-2005 passed by the Under Secretary to the Government of India, Ministry of Home Affairs, New Delhi. The same was subjected to challenge in W.P. No.17818 of 2006. By the order under appeal, the learned Single Judge allowed the writ petition setting aside the impugned order dated 13-12-2005 and directed the Government of India to sanction pension to the writ petitioner within a time frame.
3. Ordinarily, this Court would not issue a mandate, as has been done in the instant case, while exercising writ jurisdiction unless extenuating circumstances are made out for issuance of a positive direction.
4. Though various contentious issues are sought to be raised by the learned counsel appearing for the parties, we are of the opinion that the matter is amenable to resolution on a simpler ground.
5. As the learned Single Judge has set out the reasons for invalidating the order of rejection dated 13-12-2005, the Government of India necessarily has to reconsider the eligibility of the petitioner for sanction of pension under the Scheme in the light of the said observations. Both the learned counsel appearing for the parties are agreeable and consent to disposal of the appeal on these lines.
6. The writ appeal is accordingly disposed of directing the Government of India to reconsider the eligibility of the petitioner for sanction of pension under the Swatantra Sainik Sanman Scheme, 1980, in the light of the observations made by the learned Single Judge. During such exercise, it would be open to the Government of India to call for additional material from the Government of Andhra Pradesh and also afford an opportunity of hearing to the petitioner, if warranted. This exercise shall be completed expeditiously and in any event, not later than two months from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 17-07-2014 Svv