THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25985 of 2013 Dated : 08.10.2014 Between:
M. Seshakumara Chary S/o.Late M. Narsimha Chary, Aged 54 yrs, Occu : Business, R/o.H.No.1-442/2-1, Indiranagar, Narsampet Village and Mandal, Warangal District .. Petitioner And Union of India., rep., by its Secretary, Ministry of Home Affairs (Freedom Fighters Division) 2nd floor, NDCC II Building, Sansad Marg, New Delhi 110001 & 3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25985 of 2013 ORDER :
The father of the petitioner was a Freedom Fighter and he was granted pension under “Swathantra Sainik Samman Pension Scheme, 1980”. On 17.05.2000 a show cause notice was issued calling upon the pensioner to submit his explanation as to why his pension order should not be cancelled and the same order also suspended payment of further pension. The pensioner submitted his explanation on 21.06.2000. Thereafter, no further orders are passed. Having waited for considerable time, pensioner instituted W.P.No.25588 of 2008. The Writ petition was disposed off by order dated 21.10.2011 directing the Union of India to pass appropriate order pursuant to the show cause notice dated 17.05.2000 by taking into account the recommendations made by the State Government for restoration of pension. A further direction was also issued to continue payment of pension to the petitioner till appropriate final orders are passed and communicated to the petitioner.
2. Pursuant to the orders of this Court, dated 21.10.2011, on 07.09.2012 orders were passed restoring the pension to the pensioner and allowed payment of arrears for the period of suspension i.e., 17.05.2000 till 10.12.2008. Before the orders are passed on 07.09.2012, pensioner died on 04.08.2012. After the death of the pensioner, the petitioner herein, who is the son of the pensioner, is prosecuting the claim. After several rounds of representations and notices, by a letter dated 11.07.2013 a direction was issued to the Central Pension Accounting Office, to issue necessary instructions to the concerned pension disbursing authority to take immediate action for release of arrears due to the pensioner as per normal banking Rules. He was also informed that the authorization for release of arrears of pension for the period of suspension was already granted. Even though, such orders were passed, as the amounts due and payable to the petitioner were not released, the petitioner caused legal notice dated 10.08.2013 to the 3rd & 4th respondents. In response to the said legal notice, a letter dated 13.08.2013 was addressed to him and the petitioner was asked to pursue the matter with Freedom Fighter Division, Ministry of Home Affairs and Pay & Accounts Office, to issue proper sanction for authorizing arrear of pension for the period from 14.05.2000 to 10.12.2008. Thus, burden is thrown upon the petitioner to secure the arrears for the period mentioned above. In the circumstances, this writ petition is instituted.
3. Along with the Counter affidavit, a letter, dated 11.07.2013 addressed by the Government of India, Ministry of Home Affairs, Freedom Fighters Division to the Central Pension Accounting Office, is filed and Para No.7 of the said letter reads as follows :
“You are therefore requested to issue directions to the concerned Pension Disbursing Authority to release the arrears of pension as aforesaid to the eligible legal heir(s) as per normal banking rules without any further delay. The details of PPO etc., if any required for release of arrears may be obtained from Shri M. Seshakumara as it is not available in this Ministry. Please also note that you and Pension Disbursing Authority will be responsible for contempt of court if the aforesaid arrears of pension due to Shri Mudumba Narasimha Chary are not released in spite of authorization issued from this Ministry.”
4. Thus, it is clear that the Government of India on more than one occasion clarified that the sanction for the payment of arrears was already granted and it is for the concerned authority dealing with the disbursement of pension including the Bank to pay the arrears as early as possible. Inspite of giving clear directions by the Government of India, the matter is dragged for no justifiable reasons and the petitioner is made to knock the doors of this Court. Even though Central Government passed orders for release of arrears in the year 2012 so far arrears are not paid. Such action of the respondents is highly deprecated. Family member of a freedom fighter cannot be harassed in this manner and his entitlement to receive arrears cannot be denied.
5. Having regard to the facts of the case, the writ petition is disposed of directing the respondents to take immediate steps for release of the arrears of amount due and payable to the petitioner as early as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. If the arrears are not released within the period now fixed, the petitioner is entitled to claim interest @ 12% p.a., from the date of this order till the amount is paid. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
08th October, 2014 P.NAVEEN RAO,J Rds