THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.18448 of 2010 Between:
1. Pulugu Sanjeeva Reddy and others.
PETITIONERS AND
1. The Government of India, rep. by its Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, Loknayak Bhavan, Khan Market, New Delhi, and others.
RESPONDENTS ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief.
“….to issue writ or direction preferably writ of mandamus declaring the impugned letters 25.01.2010, 07.05.2010 and 21.01.2010 issued by the respondent No.1 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent No.1 to consider the claims of the petitioners for grant of pension to the petitioners as per the said scheme 1980 as per recommendations of respondents Nos. 2 and 3….”
2. Heard Sri Kowturu Vinayakumar, learned counsel for the petitioners, Sri M. Brahma Reddy, learned Additional Standing Counsel for respondents 1 and 3 and the learned Government Pleader for Revenue for respondent No.2, apart from perusing the material available on record.
3. According to the petitioners, petitioners 1 to 8, 10 to 12, 14, 17 to 22, 24, 25, 27 are freedom fighters and the rest of the petitioners are the widows of the freedom fighters, who fought against the Nizam Government for merger of Hyderabad State into Union of India. As per the petitioners, they submitted applications for grant of freedom fighters pension under Swatantra Sainik Samman Pension Scheme, 1980. The grievance of the petitioners, precisely, in this writ petition is that despite the verification reports sent by the State Government, the Union of India did not sanction freedom fighters pension in their favour.
4. This Court issued Rule Nisi on 30.11.2011. Responding to the Rule Nisi issued by this Court, a counter affidavit is filed on behalf o the 1st respondent-Union of India stating that after receipt of the re- verification reports from the State Government, the cases of the petitioners were examined and referred back to the Stat Government for rectification of deficiencies as per the policy guidelines communicated vide letter dated 10.09.2009. The said counter further states that the claim of petitioner No.16 is rejected vide letter dated 3.06.2010 on the basis of the recommendation of the Hyderabad Special Screening Committee. It is further stated that the reports from the State Government rectifying the deficiencies with supporting documents are still awaited and that the cases would be considered on receipt of the reports from the State Government.
4. Now a miscellaneous petition W.P.M.P.No.41847 of 2014 has been filed by the petitioners supported by an affidavit stating that the re-verifications were already conducted and the 2nd respondent-State Government has sent re-verification reports on 2.08.2012, 23.08.2012, 30.07.2012 and 03.09.2012 to the 1st respondent, as such, necessary direction may be issued to the 1st respondent to consider the claims of the petitioners in the light of the said re-verification reports. In view of the averments in the affidavit filed in support of the W.P.M.P., this Court deems it appropriate to dispose of the writ petition.
5. For the aforesaid reasons, the writ petition is disposed of, directing the 1st respondent-Union of India to take appropriate action for grant of freedom fighters pension in favour of the petitioners herein except petitioner No.16, in terms of the re-verification reports dated 2.08.2012, 23.08.2012, 30.07.2012 and 03.09.2012 sent by the 2nd respondent, 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.
14th November, 2014 Js.