HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26729 of 2006 Date : 17-09-2014 Between:
Thummalapally Anantha Reddy, S/o Narayan Reddy, aged about 85 years, R/o. Chamlapally, Nalgonda District, Andhra Pradesh.
… Petitioners and The Union of India, Ministry of Home Affairs, represented by its Secretary, North Block, New Delhi and two others.
… Respondents HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26729 of 2006 O R D E R:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the first respondent/Union of India in not considering the case of the petitioner herein for grant of Freedom Fighters Pension.
2. Heard Sri T.Srikanth Reddy, learned counsel for the petitioner and S r i B.Narayana Reddy, learned Assistant Solicitor General for respondents 1 and 2 and the learned Government Pleader for the State Government apart from perusing the material available on record.
3. According to the petitioner, he participated in the freedom struggle against the Nizam government for liberation of Hyderabad State during the years 1947-1948. The Government of India formulated a scheme called Swatantrata Sainik Samman Pension Scheme, 1980. In terms of the said scheme, the petitioner herein submitted an application for grant of Freedom Fighters Pension. The Union of India/the first respondent herein, by virtue of proceedings No.52/CC/7/2004-FF(HC) dated 26.02.2004 rejected the request of the petitioner herein for grant of Freedom Fighters Pension. A perusal of the said order of rejection shows that obviously taking into consideration the absence of the Personal knowledge Certificate produced before the Special Screening Committee, the Union of India rejected the claim of the petitioner herein.
4. Now along with the present writ petition, the petitioner herein has filed a Personal Knowledge Certificate issued by one Sri Satyanarayana Reddy @ Kondapally Satyanarayana Reddy endorsed by the Mandal Revenue Officer and the Revenue Divisional Officer. Since the only objection raised by the Union of India for rejection of the claim of the petitioner is the absence of Personal knowledge Certificate, this Court deems it appropriate to permit the petitioner herein to make an application afresh as per paragraph No.3 of the Swatantrata Sainik Samman Pension Scheme, 1980 by enclosing all the required documents including the Personal Knowledge Certificate now produced before this Court along with the writ petition.
5. For the aforesaid reasons, the writ petition is disposed of, directing the petitioner herein to submit application as per paragraph No.3 of the Swatantrata Sainik Samman Pension Scheme, 1980 along with the required documents. If any such application is made, the same shall be considered in accordance with the Swatantrata Sainik Samman Pension Scheme, 1980 and appropriate orders be passed, within a period of six (6) months from the date of receipt of the said application. Pending Miscellaneous Petitions, if any, shall stand disposed of. No order as to costs.
A.V.SESHA SAI, J Date:17.09.2014 grk 41 HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26729 of 2006 Date : 17.09.2014 grk