THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1828 of 2008 August 26, 2010 Between: Sriram Chandramouli, S/o.Sriram Narsaiah … Petitioner And The Government of Andhra Pradesh, represented by its Secretary, Revenue Department, Secretariat, Hyderabad And another ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1828 of 2008 ORDER: The petitioner’s father, namely, Sriram Narsaiah, was a freedom fighter. Considering his application, the Government of Andhra Pradesh sanctioned Freedom Fighters Pension (FFP) on 01.2.1981 under Andhra Pradesh Freedom Fighters Pension Rules (the Rules) issued vide G.O.Ms.No.25, Revenue (F.F) Department, dated 04.1.1979. He was paid pension to start with Rs.200/- per month, which was enhanced subsequently from time to time. The pension was, however, stopped with effect from 24.4.1993. Assailing the non- payment of pension, Sriram Narsaiah approached this court by filing W.P.No.5429 of 2005. While the same was pending, first respondent issued orders in G.O.Ms.No.1836, dated 11.12.2006, restoring the FFP of 35 pensioners including Sriram Narsaiah. The said writ petition was disposed of on 12.12.2006. Even before the pension payment order could be issued by the Accountant General, Sriram Narsaiah died on 31.3.2007. Two months thereafter, the Office of the Accountant General issued pension payment order 09-Pol-FF-0001356, directing the District Treasury Officer, Warangal, to restore the pension. In the meanwhile, on 31.3.2007, Sriram Narsaiah passed away. His son – the petitioner herein; made a request on 14.12.2007 for payment of the arrears, in vain. He therefore instituted this writ petition seeking a writ of Mandamus directing the respondents to pay an amount of Rs.1,68,821/- being the arrears of FFP payable to Sriram Narsaiah. The counter affidavit is filed by the second respondent opposing the writ petition. It is contended that the Government Order or the Accountant General did not authorize the payment of arrears of FFP to legal heirs of deceased pensioner. Therefore, the office of the second respondent is not responsible for non-payment. The counsel for petitioner and the Assistant Government Pleader for Revenue (P.A) made their submissions. The issue for consideration is whether the legal heir of the deceased freedom fighter is entitled to claim arrears of FFP. The Rule 15 of the Rules is relevant and it reads as under. In the case of death of a pensioner, the amount of pension due till his date of death, including unpaid arrears shall lapse. In exceptional circumstances, payment of such arrears will be admissible. The Collectors of the Districts are empowered to sanction payment of unpaid arrears due to the deceased Freedom Fighter Pensioner’s in suitable cases to the widows or other legal heirs after examining the merits of each case under intimation to the Government. A plain reading of the above Rule would show that in the event of death of pensioner, the amount of pension due till his death including unpaid arrears shall lapse. But in appropriate cases, the District Collector is empowered to sanction payment of unpaid arrears. The Rule was amended twice and for the first time vide G.O.Ms.No.714, dated 01.5.1981, it was amended as follows. In the case of death of a pensioner, the amount of pension due till the date of his death shall be paid to the widow or minor son or unmarried minor daughter if they exist. In other cases the amount of pension shall lapse. On the death of a Freedom Fighter, a pension of Rs.100/- may be sanctioned once either to his widow till her remarriage or death or to a minor son till he becomes a major or to a minor unmarried daughter till she marries or becomes a major whichever is earlier, as the case may be. Again the Rule was amended vide G.O.Ms.No.1445, dated 16.9.1981 as below. In the case of death of a pensioner, the amount of pension due till the date of his death shall be paid to the widow or minor son or unmarried minor daughter if they exist. In other cases the amount of pension shall lapse. On the death of a Freedom Fighter, a pension of Rs.100/- may be sanctioned once either to his widow till her remarriage or death or to minor son till he becomes a major or to an unmarried daughter till she married. The amended Rule is clear that in case of death of pensioner, the amount of pension due till the date of his death shall be payable to widow, minor son or unmarried daughter, if they exist. In other cases, the pension will lapse. The Counsel, however, submits that the pension is ‘property’ to which the legal heir succeeds. As the law of succession is governed by Central enactment, namely, the Hindu Succession Act, 1956, the Andhra Pradesh Freedom Fighters Pension Rules, which are executive in nature, cannot override the right of succession of petitioner. The submission, however, cannot be accepted. The law of succession is with reference to the property, which is left unbequeathed by a male Hindu. A reading of Section 6 thereof would show that the property of a male has “at the time of his death” and shall be subject matter of succession by survivorship. In case of FFP, it is not governed by any Parliamentary enactment. It will be too far fetched to twine such property (FFP) in the ambit of Section 6 of Hindu Succession Act. In a given case, if the arrears of FFP are already drawn by the pensioner and are kept in a Bank in his name, it is certainly subject matter of succession. In this case, admittedly, the FFP was stopped in April 1993 and was restored in December 2006. By the time, pensioner died on 31.3.2007, pension arrears were not paid. Therefore, under the scheme, they would lapse. The right of FFP flows from the Andhra Pradesh State Government Pension Scheme and, therefore, every pensioner of FFP is bound by the Rules made under the scheme. Therefore, this Court is not able to accept the submission. If so advised, petitioner may approach the District Collector for payment of arrears. If such an application is made, it shall be considered in accordance with Andhra Pradesh Freedom Fighters Pension Rules. The writ petition is accordingly disposed of. No costs. ________________ (V.V.S. RAO, J) August 26, 2010 YS