IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 30320 OF 2011 BETWEEN K.Venkatamma AND ... PETITIONER The Principal Secretary to Government Revenue (FF) Department, A.P.Secretariat, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner claims that she is the first wife of late K.C.Shalanna, freedom fighter, who was granted pension under Swatantra Sainik Samman Pension by the Central Government vide P.P.O. No.112/40/76/FF/Hyd- Cell/28.08.82 and the said amount needs to be deposited in the account of her late husband viz., Account No.10032 at Andhra Bank, Gadwal. It is, however, stated that petitioner’s husband died on 30.05.2008 and since then petitioner as well as respondent No.3, who is the 2nd wife of the decreased, have consistently made applications for grant of family pension. Petitioner referred to the representations dated 25.08.2008 and 08.11.2010 addressed to the District Collector, respondent No.2. It appears that respondent No.2 already sent appropriate letters to the Principal Secretary, Revenue, State of A.P. to issue pension payment orders to the legal heirs, but no orders were passed. Petitioner states that she is unable to get any monetary benefit and hence, she filed the present writ petition alleging inaction against respondent Nos.1 and 2.
3. When the writ petition was heard on 17.09.2013, it was noticed that the Union of India is not a party and their presence was necessary as Union of India is the competent authority to grant freedom fighter’s pension. Petitioner has thereafter moved W.P.M.P.No.41670 of 2013 seeking impleadment of Union of India. Said application was ordered on 05.03.2014 and the Assistant Solicitor General was required to get instructions and file counter. Thereafter, the matter has appeared on three occasions. However, except counter affidavits on behalf of respondent Nos.1 and 2 only are filed. Union of India has not filed any counter affidavit.
4. Respondent No.1 states in the counter that on petitioner’s application dated 25.08.2011, enquiry was conducted by the Collector and vide his letter dated 20.11.2008, report was directly submitted to the Ministry of Home affairs, Freedom Fighter Division, Government of India, New Delhi. It is further stated that the proposal was also submitted and the Collector by his further communication dated 05.12.2011 has forwarded his report to the Ministry of Home Affairs for taking further action.
5. The counter affidavit of the District Collector-respondent No.2, which is separately filed, also states that proposals for sanction of family pension were submitted to Under Secretary, FFR Division, Ministry of Home Affairs, New Delhi, for sanction of freedom fighters family pension to both the wives proportionately vide letter NO.C2/7896/2008 dated 24.06.2009, followed by further letters, dated 09.10.2009 and 01.05.2010 and the orders from the Ministry of Home Affairs are awaited.
6. Since sufficient time has already lapsed and since recommendations of respondent Nos. 1 and 2 are already sent to the Union of India for consideration, I deem it appropriate to dispose of the writ petition by directing Union of India-respondent No.4 herein to consider the said recommendations and pass appropriate orders expeditiously preferably within three months from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J July 16, 2014 LMV