THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.21141 of 2008 Between:
Paruchuri Janardhana Rao PETITIONER AND
1. Government of India, rep. by its Under Secretary to Government, Ministry of Home Affairs, 1st Floor, Loknayak Bhavan, Khan Market, New Delhi – 110 003, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the 1st respondent in issuing Lr.No.112/457/93-FF(HC), dated 13.02.2007, suspending the freedom fighters pension sanctioned in favour of the petitioner vide orders dated 5.03.2004.
2. Heard Sri C. Damodar Reddy, learned counsel for the petitioner and Sri B. Narayana Reddy, learned Assistant Solicitor General for 1st respondent-Union of India, apart from perusing the material available on record.
3. According to the petitioner, he is a resident of Rayannapeta Village, Bonakal Mandal, Khammam District and he participated in the freedom movement and fought against the Nizam Government during the period 1947-1948. The petitioner submitted an application for grant of freedom fighters pension in the year 1993 under Swatantra Sainik Samman Pension Scheme, 1980, and his application was registered vide file No.112/457/93-FF(HC) (A), dated 5.03.2004 and freedom fighters pension was sanctioned in favour of the petitioner with effect from 9.01.2004. The petitioner received the impugned letter bearing No.112/457/93-FF(HC), dated 13.02.2007 of the 1st respondent, suspending the pension granted on 5.03.2004 on the ground that one Sri B. Maheswar Rao made an application against the petitioner. Aggrieved by the said order the petitioner filed the present writ petition.
4. This Court issued Rule Nisi on 26.09.2008 and granted interim order on 15.04.2009 in W.P.M.P.No.27632 of 2008. The said interim order is still continuing. Despite service of notice, no counter affidavit has been filed by the respondents.
5. As evident from the impugned order dated 12.02.2007, the 1st respondent suspended the freedom fighters pension granted earlier in favour of the petitioner, pending final decision. Keeping in view the nature of controversy and the subsistence of interim orders ever since 2008, this Court deems it appropriate to dispose of the present writ petition, keeping it open to the 1st respondent to pass appropriate orders on the proposed action, after holding enquiry.
6. For the aforesaid reasons, this writ petition is disposed of, keeping it open for the 1st respondent-Union of India to enquire into the matter and pass appropriate orders on the proposed action after giving notice and opportunity of being heard to the petitioner. It is needless to observe that the interim order granted on 15.04.2009 shall continue to operate, pending decision by the 1st respondent. No order as to costs.
JUSTICE A.V. SESHA SAI.
17th October, 2014 Js.