HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.16304 of 2006 Date : 16-07-2014 Between:
Guvvala Venkata Reddy s/o Laxma, Aged 74 years, Occ: NIL, R/o Kothapalli Village, Gampalagudem Mandal, Krishna District, Andhra Pradesh.
… Petitioner and The Government of India, represented by its Secretary, Ministry of Home Affairs (F.F. Division), New Delhi and others.
… Respondents HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.16304 of 2006 ORDER:
In the present writ petition, the action of the respondents in not considering the application of the petitioner for grant of pension under Swatantra Sainik Samman Pension Scheme has been challenged.
2. Heard Sri Kowturi Vinaykumar, learned counsel for the petitioner, Sri P.Vishnuvardhan Reddy, learned Assistant Solicitor General for the Union of India, respondents 1 and 2 herein apart from perusing the material available on record.
3. According to the petitioner, he is a freedom fighter having participated in the freedom struggle for integration of Hyderabad State in the Union of India during the year 1947-1948. It is further stated by the petitioner that he went underground and joined the Boarder Camp at Chilukuru, Madhira Taluq to work under the leadership of Camp In- charge Sri Pamula Sangaiah s/o Kotaiah. Petitioner herein submitted application for grant of Freedom Fighters Pension on 28.01.1998 followed by another application dated 03.03.2004. According to the petitioner, he submitted the applications enclosing all the necessary certificates.
4. Responding to the Rule Nisi issued by this Court, counter affidavits have been filed by the Union of India as well as the State Government. In the counter affidavit filed on behalf of the Union of India, at paragraph 9, it is stated that the State Government has not yet sent any verification report regarding the claim of the applicant to the first respondent, as such, the claim cannot be considered.
5. In the counter affidavit filed by the District Collector, Krishna, Machilipatnam, the fourth respondent herein, it is stated that one Sri Pamula Sangaiah certified that the petitioner had worked in the boarder camp at Chilukuru, Madhira Taluq. It is further stated that the Union of India vide letter dated 28.05.2010 issued directions not to entertain the claims of the applicants basing on the certificates issued by certain individuals whose names are annexed to the said letter. In the annexure attached to the said letter the name of Sri Pamula Sangaiah s/o Kotaiah who issued the Personal Knowledge Certificate in favour of the petitioner herein also finds place. It is further stated that in view of the instructions, the application of the petitioner herein does not deserve any consideration for recommendation for sanction of pension.
6. During the course of hearing, a request is made by the learned counsel for the petitioner that the petitioner may be permitted to submit a fresh Personal Knowledge Certificate issued by another freedom fighter. The said request in the considered opinion of this Court is a reasonable one. Therefore, this Court is inclined to permit the petitioner herein to file another Personal Knowledge Certificate from another person as per the scheme.
7. For the aforesaid reasons, writ petition is disposed of, permitting the petitioner herein to submit a fresh Personal Knowledge Certificate issued by another person as per the Swatantra Sainik Samman Pension Scheme. If any such certificate is furnished by the petitioner herein and subject to compliance of all other formalities, the case of the petitioner herein shall be forwarded by the State Government to the Union of India with necessary recommendations, within a period of three months from the date of submission of such certificate by the petitioner herein. If any such verification report is sent by the State Government, appropriate orders shall be passed by the respondents 1 and 2 within a period of three months thereafter, in accordance with the scheme. As a sequel, the miscellaneous petitions, if any, shall stand closed. No order as to costs.
A.V.SESHA SAI, J Date:16.07.2014 grk HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.16304 of 2006 Date : 16-07-2014 grk