IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3445 of 2008 Between: M.Pulla Reddy, S/.Late M. Rameshwar Reddy, Singotam(V),Kollapur(M), Mahabubnagar Dist ..... PETITIONER AND 1 The Govt.Of A.P Rep.by its Secretary Ministry Of Home Affairs, Lok Nayak Bhavan,Khan Market, New Delhi-11003 2 The Govt.Of A.P Rep.by its Secretary Revenue(FF-II) Department, Secretariat A.P,Hyd ....RESPONDENTS 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 issue writ order or direction more particularly one in not reconsidering the claim of the petitioner for grant of Freedom Fighter Pension under Swatantra Sainik Samman Pension Scheme,1980 following the letter of the Govt.of A.P dt.28-07-2005 and in the light of Non Bailable Arrest Warrant dt.10-02-1948 Copy of FIR Sub-Inspector of Police Report and verification report of the Dist Collector Mahabubnagar Dist as illegal and against the principles of natural justice and consequently direct the respondent No.1 to reconsider the claim of the petitioner for grant Freedom fighter pension to the petitioner under Swatantra Sainik Samman Pension Scheme 1980 with the effect from 1-02-1997. Counsel for the Petitioner:MR.D.RAMAKRISHNA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO : 3445 of 2008 ORDER: The matter is coming up for admission. The learned Assistant Solicitor General takes notice on behalf of the Respondents. 2. This writ petition is filed to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in not reconsidering the claim of the petitioner for grant of Freedom Fighter Pension under Swatantra Sainik Samman Pension Scheme,1980 following the letter of the Govt.of A.P dt.28-07- 2005 and in the light of Non Bailable Arrest Warrant dt.10-02-1948 Copy of FIR Sub-Inspector of Police Report and verification report of the Dist Collector Mahabubnagar Dist as illegal and against the principles of natural justice and consequently direct the respondent No.1 to reconsider the claim of the petitioner for grant Freedom fighter pension to the petitioner under Swatantra Sainik Samman Pension Scheme 1980 with the effect from 1-02-1997 and pass suitable orders. 3. It is stated that Non-Bailable Arrest Warrant was issued against the petitioner on 10-2-1948. The petitioner made an application for grant of a Freedom Fighter Pension on 1-02-1997. The State Government directed the District Collector to conduct detailed enquiry as to the genuineness of the certificates submitted by the petitioner and to submit the report on 23-5-1997. The District Collector, Mahabubnagar submitted a report recommended the application of the petitioner on 16-9-1997. The State Government recommended the claim of the petitioner pension on 3-12-1997. On 5-4-1999 The Government of India sought for clarification. On 4-6-1999 the petitioner clarified the points raised by the Government of India. On 17-7-1999 the State Government submitted the same to the Government of India. On 13-9-2003 the State Government once again recommended the case of the petitioner. On 4-3-2005 the Government of India rejected the claim of the petitioner by observing that the case will be reconsidered if requisite evidence is furnished. On 13-4-2005 the petitioner clarified in his representation. On 28-7-2005 the State Government addressed letter for reconsidering the case of the petitioner. The said letter dated 28-7-2005 reads as under: “REVENUE DEPARTMENT FF-II SECTION e-Lr.NO. 71182/REV/FF-II/2005 (1131)-1 dated 28-7-2005. From Sri V. Veeresham, Deputy Secretary to Government, Revenue Department, A.P. Secretariat, Hyderabad. To The Deputy Secretary to Govt. of India, Ministry of Home Affairs, Loknayak Bhavan, Khan Market, New Delhi ( W.E.) Sri Sub: FF Pension – Pension under Central Funds – Sri M.Pulla Reddy, s/o: M. Rameshwar Reddy, r/o Sigotam (v) Kollapur (M) Mahabubnagar Dist. Clarification submitted – Reg. Ref: 1. Govt.of India Ministry of Home Affairs, Lr. No. 112/103/2004-FF (HC), dt.4-3-2005. 2. From SriM. Pulla Relddy, s/o: Rameshwar Reddy of Mahabubnagar District, represen- tation dated 13-4-2005. I am to invite attention to the reference 1st cited and to enclose herewith a copy of the reference 2nd cited together with its enclosures, wherein the applicant SriM. Pulla Reddy has stated that (1) the original certified copy of arrest warrant which were already submitted to Government of India clearly proves that he has one on whom a non-bailable arrest warrant was issued on 10-2-1948, (2) His underground suffering from 10-2-1948 to 28-9-1948 (7 months 18 days) is more than six months as stipulated for the eligibility for the sanction of SSSP Scheme, 1980, and (3) as he has undergone the underground suffering from 10-2-1948 to 28-9-1948 and as he was under the non-bailable warrant for arrest from 10-2-1948 which have been supported by the primary evidences of original certified copies of the arrest warrant F.I.R. Sub-Inspector of police report along with Collector’s verification report on underground suffering and in regard to the authenticity of supporting document, the genuineness of the same has been got verified by the Government vide letter No. 23-5-1997l. In view of the above explanation furnished b Sri M. Pulla Reddy,I request you to reconsider request of the applicant as this case was already recommended by this State Government vide Lr. No.64733/FF.II/A2/ 97, dated 3-12-1997. Yours faithfully, Sd/ DEPUTY SEC. TO GOVERNMENT.” 4. In the light of the facts and circumstances, this Court is on considered opinion that the case of the petitioner for grant of Freedom Fighters Pension under “Swatantra Sainik Samman Pension Scheme, 1980” to be reconsidered in accordance with law and in the light of letter, dated 28-7-2005 referred to above and also in the light of Non-Bailable Arrest Warrant, dated 10-2- 1948, copy of F.I.R., Sub-Inspector of Police report and verification report of the District Collector Mahabubnagar District in accordance with law. 5. Accordingly, the first respondent is hereby directed to consider the same in the light of the letter dated 28-2-2005 and also in the Non-Bailable Arrest Warrant, dated 10-2-1948, copy of F.I.R.Sub-Inspector of police report and verification report of the District Collector, Mahabubnagar District relating to the grant of Freedom Fighters Pension to the petitioner under “Swatantra Sainik Samman Pension Scheme, 1980” within a period of four weeks from the date of receipt of this order. 5. This Writ Petition is accordingly, allowed to the extent indicated above. No order as to costs. ____________________ Justice P.S.Narayana 21st February, 2008. KM THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3445 of 2008 21st February, 2007.