IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28604 of 2008 Between: 1 Nyalakonda Sukendra Devi W/o. Late Umma Reddy R/o. Solipuram Village, Narmetta Mandal, Warangal District, A.P. 2 Oorugonda Sailu S/o. Naraana R/o. Peddapur Village, Venkatapur Mandal, Warangal District, A.P. 3 Parupati Mohan Reddy S/o. Malla Reddy R/o. Peddapur Village, Venkatapur Mandal, Warangal District, A.P. 4 Perumandla Odelu S. Ramaswamy R/o. Peddapur Village, Venkatapur Mandal, Warangal District, A.P. 5 Ravula Ramanarsamma W/o. Late Rajaiah R/o. Peddapur Village, Venkatapur Mandal, Warangal District, A.P. 6 Pollam Pulla Reddy S/o. Ramachandra Reddy R/o. Peddapur Village, Venkatapur Mandal, Warangal District, A.P. 7 Bommineni Manemma W/o. Late Venkat Reddy R/o. Peddapur Village, Venkatapur Mandal, Warangal District, A.P. 8 Gatla Venkatanarasamma W/o. Gatla Narsimhulu R/o. Darga-Kazipet Village, Hanumakonda Mandal, Warangal District, A.P. 9 Manda Vaikuntam S/o. Ankoos R/o. Somadevarapally Village, Dharmasagar mandal, Warangal District, A.P. 10 Dasari Vaikuntam S/o. Jaggaiah R/o. H.No. 16-3-508, Ekasilanagar, Warangal District, A.P. 11 Adepu Upender S/o. Mallaiah R/o. Sainagar, Parkal V & M Warangal District, A.P. 12 Veldandi Chandraiah S/o. Kanakaiah R/o. Parkal V & M Warangal District, A.P. 13 P. Rajeswar Rao S/o. Babu Rao R/o. Parkal V & M Warangal District, A.P. 14 Pavushetti Venkataiah S/o. Narsaiah R/o. Rangapur Village, Mogullapally Mandal, Warangal District, A.P. ..... PETITIONER(S) AND 1 The Government of India Rep. by its Dy. Secretary, Ministry of Home Affairs, Freedom Fighter's Division (HC) Lok Nayak Bhavan, Khan Market, New Delhi. 2 The Under Secretary to Government of India Ministry of Home Affairs, Freedom Fighter's Division (HC) Lok Nayak Bhavan, Khan Market, New Delhi. 3 The Pay & Accounts Office (Pension & Mise.) Ministry of Home Affairs, 2/10 Jamnagar House, New Delhi-1 .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in not granting the pension from the date of their applications under Swatantrata Sainik Samman Scheme 1980 sanctioned to the petitioners inspite of the reorientations dt. 14-7-2008 of the petitioners as illegal, arbitrary in gross violation of principles of natural justice and Article 14 and 21 of the Constitution of India and consequently direct the respondents to sanction the pension to the petitoners from the date of their applications including the arrears of the pension and with all conseqential benefits or otherwise petitioners will suffer serious loss and great hardship and pass such other order or orders Counsel for the Petitioner:MR.CHALLASIVASANKAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : } THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28604 of 2008 ORDER: 1 The petitioner approached this Court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioners herein pray that this Hon’ble Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in not granting the pension from the date of their applications under Swatantrata Sainik Samman Scheme 1980, sanctioned to the petitioners in spite of the reorientations dated 14-07-2008 of the petitioners as illegal, arbitrary in gross violation of principles of natural justice and Article 14 and 21 of the Constitution of India and consequently direct the respondents to sanction the pension to the petitioners from the date of their applications including the arrears of the pension and with all consequential benefits or otherwise petitioners will suffer serious loss and great hardship and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2 When the matter is taken up for hearing, the learned counsel for the petitioners brought to the notice of this Court that similar Writ Petitions were disposed of as per the judgment of the Supreme Court in Mukundlal Bhandari & Others Vs. Union of India & Others dated 14.05.1993 with a direction to the respondents to consider the representation submitted by the petitioner and produced the order of this Court in W.P.No.12451 of 2008. 3 Having considered the said order passed by this Court and in view of the submissions made by the learned counsel for the petitioners, this Court is of the view that this Writ Petition can be disposed of at the stage of admission. 4 Accordingly, the Writ Petition is disposed of at the stage of admission directing the second respondent herein to consider the representation dated 14.07.2008 submitted by the petitioners and pass appropriate orders thereon within a period of six weeks from the date of receipt of a copy of this Order. No order as to costs. ----------------------- SRI T.G.K, J. Note: C.C. in two days B/o kvsn