THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.21552 of 2007 Between:
Maddineni Rangaiah PETITIONER AND
1. The Union of India, rep. by the Under Secretary to the Government of India, Ministry of Home Affairs, 1st Floor, Loknayak Bhavan, Khyan Market, New Delhi-110003, and others.
RESPONDENTS ORDER:
This writ petition, under Article 226 of the Constitution, is filed seeking a direction to the respondents herein to continue to pay Freedom Fighters Pension.
2. Heard Sri S. Srinivas Reddy, learned counsel for the petitioner and Sri P. Vishnuvardhan Reddy, learned Assistant Solicitor General for the Union of India.
3. The facts, which are relevant for the purpose of disposal of the present writ petition, are as under – The Union of India, vide proceedings SSSP No.112/2901/97-FF (HC) (c) 1000394, dated 19.08.2003 granted Freedom Fighters Pension in favour of the petitioner. Basing on the complaint lodged by one Sri V. Nageshwara Rao, S/o. Mangaiah, the 1st respondent issued a show cause notice dated 12.03.2007, asking the petitioner to show cause as to why the pension granted in favour of the petitioner should not be cancelled. By virtue of the said order dated 12.03.2007, the 1st respondent pending final decision of cancellation, suspended the provisional pension. It is represented by the learned counsel for the petitioner that no final, orders pursuant to the impugned order dated 12.03.2007, have been passed. Challenging the said action of suspension of pension obviously, the present writ petition has been filed.
4. This Court ordered Rule Nisi on 11.10.2007 and granted interim direction for a period of four weeks initially. Subsequently, the said interim order was modified on 23.10.2007 and this Court directed the respondents herein to continue to pay the pension to the petitioner every month regularly. The said interim order is still continuing.
5. A counter affidavit is filed on behalf of the Union of India in the direction of justifying the impugned action. Since the respondent- authorities suspended the payment of pension pending final decision of cancellation, and as the interim order has been in existence since 2007, this Court deems it appropriate to dispose of this writ petition keeping it open to the respondents to conclude the enquiry, if any.
6. For the aforesaid reasons, this writ petition is disposed of keeping it open to the respondents to take appropriate action in pursuance of the orders issued in proceedings No.112/2901/97-FF (HC) dated 12.03.2007, in accordance with law. Pending such decision, the interim order granted on 23.10.2007 shall continue to operate. No order as to costs.
JUSTICE A.V. SESHA SAI.
9th June, 2014 Js.