HON’BLE SMT. JUSTICE T. MEENA KUMARI AND HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No. 539 of 2007 Date: 3.7.2007 Between: Smt. P. Lakshmamma, Hyderabad. …. Appellant And The Government of India rep by its Deputy Secretary, Ministry of Home Affairs and others. … Respondents HON’BLE SMT. JUSTICE T. MEENA KUMARI AND HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No. 539 of 2007 JUDGMENT: (per Smt. Justice T. Meena Kumari) This writ appeal is directed against the order of the Hon’ble the Chief Justice made in Writ Petition No. 18020 of 2002, dated 5.12.2006. The brief facts of the case are that the appellant and her husband claiming to have taken part in Hyderabad Liberation Movement in the year 1947-48, have applied for grant of pension under Swatantrata Sainik Samman Pension Scheme, 1980. They also stated to have obtained Certificates from the Mandal Revenue Officer as well as the District Magistrate concerned and submitted them in support of their claim. However, the Government of India rejected their case for grant of such pension. Aggrieved by the same, appellant seems to have earlier filed Writ Petition No. 6455 of 2001 before this Court seeking to sanction pension in lieu of her own and her husband’s participation in the Hyderabad Liberation Movement. A learned single judge of this Court disposed of the said writ petition by directing the Government of India to consider the representation dated 20.4.1981 made by the appellant and subsequent reminders made by the appellant and pass appropriate order within a period of thee months thereafter. In pursuance of the aforesaid direction given by this Court, the Government of India after careful consideration of her case, through proceedings dated 14.4.2002, rejected her claim. Aggrieved by the same, appellant again filed Writ Petition No. 18020 of 2002, which is impugned in this writ appeal before this Court. The Honourable the Chief Justice, by the order impugned in this writ appeal, dismissed the writ petition while observing that in view of the fact that the duty to produce non-availability of Record Certificate is on the person claiming such pension and in view of the fact that the appellant who is claiming such pension has not produced such certificate, the appellant is not entitled for claiming such pension. Aggrieved by the same, appellant filed the present writ appeal. When the writ appeal was taken up for hearing, learned counsel for the appellant submitted that the appellant has made an application on 12.3.2007 to the second respondent herein for issuing of Non- availability of Records Certificate and the same is still pending with him. He, therefore, prayed that a direction may be issued to the second respondent to dispose of the said application filed by the appellant on 12.3.2007. He also prayed that a further direction may be issued to the Respondent No.1 to consider the claim of the appellant afresh basing on the Non-availability of Record Certificate that would be submitted by the appellant. In the circumstances, without going into the merits of the matter, we dispose of this writ appeal with a direction to the 2nd respondent to consider the application filed by the appellant for issuance of non- availability of Records Certificate within a period of two weeks from the date of receipt of a copy of this order. The appellant shall thereafter file a fresh application before the 1st respondent together with the Non- availability of Records Certificate that would be given by the 2nd respondent, within a period of three weeks thereafter. On such application being filed by the appellant, the 1st respondent shall consider the same afresh and pass appropriate orders on the same within a period of eight weeks thereafter without being influenced by any of the observations made by this Court in the writ petition impugned in this appeal. With the above observations, the writ appeal is accordingly disposed of. No costs. ___________________ T. MEENA KUMARI,J Date: 3rd July, 2007 ___________________ G. CHANDRAIAH,J pnb