IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11385 of 2012 Between:
Sri D. Narhar Rao, S/o. Late D. Ram Kishan Rao, Aged about 82 years, R/o. H.No.20-51/2, Saradanagar, Saroornagar (M), Hyderabad.
.. Petitioner AND Government of India, Rep. by its Secretary, Ministry of Home Affairs, Freedp, Fighters Division, Loknayak Bhavan, Khan Market, New Delhi & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11385 of 2012 ORDER:
The case of the petitioner is that the petitioner participated in freedom movement against Nizam Government for its merger into Union of India under the leadership of Sri Kodati Narayana Rao and Repala Camp. The petitioner was incharge of the Camp from September, 1947 to September, 1948. The Camp fought against the atrocities of Nizam’s Police and Razakars. The incharge of the Camp issued certificate in evidence of the petitioner’s participation in the freedom movement.
2. The ‘Swatantra Sainik Samman Pension Scheme – 1980’ was launched by the Government of India to provide financial assistance to the freedom fighters. The Hyderabad Special Screening Committee recommended the name of the petitioner for grant of the pension as per the 1980 Scheme. This recommendation of the committee was forwarded to the Government of India vide letter of the State Government bearing No.3514/PF-II A-2/2002, dated 30.03.2002. The fact of such recommendation made and receipt of the application for grant of pension was acknowledged by the Government of India in their letter addressed to the Principal Secretary, Revenue (FF) Department, Government of Andhra Pradesh.
3. As there was no further action on the recommendations already made, the petitioner submitted a representation on 20.08.2005 to the State Government to pursue the matter. In response to his representation, the Deputy Secretary to Government, Revenue Department addressed letter, dated 02.03.2005. The State Government has sent fresh proposal to the Deputy Secretary to Government, Ministry of Home Affairs, enclosing the copies of earlier correspondence and requested the Government of India to re-consider (to consider) the claim of grant of pension. There was lot of correspondence between various authorities on the issue, but the relief claimed by the petitioner is not granted. On 19.06.2009, the District Collector, after scrutinizing the relevant records and revised checklist, in his letter addressed to the Principal Secretary to Government in Revenue Department informed that the name of the petitioner was found in the list furnished by the Hyderabad Special Screening Committee. Thereafter, the matter was pursued again with various authorities.
4. By letter, dated 27.01.2010, the Government of India returned the proposal sent by the Government of Andhra Pradesh raising two objections insofar as consideration of the claim of the petitioner is concerned. The objections read as under:
“(vii) The pension of the PK Certifier, who has issued the certificate [namely K. Satyanarayana Reddy], has been suspended. Hence, the certificate issued by him is not acceptable. The applicant may be advised to obtain fresh PKC from a Central Government freedom fighter, from the same district.
(viii) The State Government has not sent the copies of the Camp In-charge Certificate/FKC in support of their recommendations along with the re-verification report.
(ix) Details of the letter number whereby the claim of the applicant was referred to State Government in 1998-99 have not been given in Col.5. Some irrelevant information has been given in Col.5 without indicating the source of information and its authenticity.”
5. In compliance of the said objections, a fresh representation is submitted, dated 03.05.2010. The petitioner has also obtained fresh certificate issued by Sri S. Ambadas Rao, who also certified that the petitioner participated in the freedom movement.
6. Learned counsel for the petitioner submits that the first objection raised by the central Government is no more valid. Against the suspension of certificate in the name of K. Satyanarayana Reddy, the legal heirs of late K. Satyanarayana Reddy instituted writ petition before this Court and the said suspension was set aside by this Court. Thus, the objection does not sustain. However, the petitioner has also obtained a fresh certificate from Sri S. Ambadas and this certificate is enclosed to his fresh representation. Illegally and without any justification, the State Government so far has not forwarded the application submitted by the petitioner causing grave hardship and sufferance of the petitioner.
7. No counter is filed on behalf of the State Government.
8. In the counter affidavit filed on behalf of respondents 1 to 3, it is reiterated that the application earlier filed by the petitioner was returned for compliance of two objections and that after it was returned, no fresh re-verification report is submitted by the State Government and, therefore, no action is pending with the Central Government.
9. It is unfortunate that an application for grant of pension of a freedom fighter, who participated in the freedom struggle against the Nizam Government for merger of the State of Nizam into Union of India is not attended to with all the seriousness it required and the old man is made to go round with the authorities and institute this writ petition and wait for relief. No explanation is coming forthwith from the State Government as to why the fresh application submitted by the petitioner on 03.05.2010 is not forwarded even though four years have lapsed.
10. Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the Central Government, the Writ Petition is disposed of directing the Government of State of Telangana (2nd respondent) to forthwith process the application of the petitioner, dated 03.05.2010, and forward the same to the Government of India (1st respondent) along with the recommendations, as expeditiously as possible, at any rate within a period of three (3) weeks from the date of receipt of a copy of this order. After the State Government forwards the application to the Government of India, the Government of India shall process the same and take appropriate decision, as warranted by law, within a further period of four (4) weeks from the date of receipt of the recommendations from the Government of State of Telangana and communicate the decision to the petitioner. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 16th June, 2014 Note: Issue C.C. by three (3) days. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11385 of 2012 Date: 16th June, 2014 KL