THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.25485 of 2006 Between:
Mandepudi Bhadraiah PETITIONER AND
1. The Government of India, rep. by its Secretary, Ministry of Home Affairs, Freedom Fighters Division, 1st Floor, Lok Nayak Bhavan, Khan Market, New Delhi, and others.
RESPONDENTS ORDER:
This writ petition is filed questioning the action of the respondent in not considering the application of the petitioner for grant of freedom fighters pension under Swatantra Sainik Samman Pension Scheme, 1980 as illegal, arbitrary and unconstitutional and for a consequential direction to consider the said application.
2. Heard Sri B. Srinivasa Rao, learned counsel for the petitioner and perused the material available on record.
3. According to the petitioner, he hails from poor agricultural family in Khammam District. He participated in the freedom struggle against the then Nizam Government during the years 1947-48 and he submitted an application dated 26.09.1989 for grant of freedom fighters pension. Earlier questioning the inaction on the part of the respondent- authorities, the petitioner filed W.P.No.178 of 1998 before this Court and this Court directed the respondents to place the case of the petitioner before the Hyderabad Special Screening Committee. It is the further case of the petitioner that he reliably learnt that the Hyderabad Special Screening Committee directed to consider his case and unfortunately till date no communication has been received by him from the respondents. Despite his enquiries with the office of the Revenue Divisional Officer and District Collector about the status of his application, no information is forthcoming.
4. In the above background, complaining inaction on the part of the respondent-authorities in not granting the freedom fighters pension, the petitioner filed the present writ petition as long back as on 27.11.2006.
5. This Court on 8.12.2006 issued Rule Nisi. Even after a lapse of approximately 7 ½ years, no counter affidavits have been filed by the respondents, despite service of notice on them, either in the direction of denying the averments in the writ affidavit or in the direction of justifying the impugned action.
6. The Government of India, with a laudable and sacred object of safeguarding the freedom fighters from the onslaught of the financial difficulties, which they are exposed to because of the sacrifices made by them during the freedom struggle, introduced Swatantra Sainik Samman Pension Scheme, 1980. The Government of India introduced the said Scheme in due recognition of the sacrifices made by the freedom fighters during the freedom struggle at the cost of their lives, wealth, health and young age. In the considered opinion of this Court, the said benefit conferred by the Government of India on the freedom fighters is a right but not a gratis or charity. The authorities, entrusted with the function of dealing with the claims of the freedom fighters, are required to address the claims in an expeditious manner and not in a mechanical or in a routine manner.
7. In the instant case, as per the petitioner though he submitted an application as long back as on 26.09.1989 and despite the fact that this Court in W.P.No.178 of 1998 issued directions way back in 1998 i.e., on 2.01.1998, there is absolutely no evidence available on record to show that there is any action on the part of the respondent-authorities in the direction of redressal of the grievance of the petitioner. This attitude on the part of the respondent-authorities is highly arbitrary and illegal and unreasonable besides being preposterous and reprehensible. There is absolutely no justification on the part of the respondent-authorities in not taking any action and not responding to the Rule Nisi issued by this Court by filing counter.
8. In view of the above reasons and having regard to the object behind the Swatantra Sainik Samman Pension Scheme, 1980 formulated by the Union of India, this writ petition is allowed, directing the respondents to take appropriate action on the application dated 26.09.1989 submitted by the petitioner for grant of freedom fighters pension, and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
9th July, 2014 Js.