IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.1563 of 2009 Between: 1 Smt. Bhoopathi Kishtamma, W/o. Late Anantha Reddy, aged 80 years, R/o. Chigurumamidi Village & Mandal, Karimnagar District, A.P. 2 Smt. Chittiredy Susheela, W/o. Late Chitti Reddy Raji Reddy, aged 70 years, R/o. Kanaparthy Village, Veenavanka Mandal, Karimnagar District, A.P. 3 Kalva Srinivasa Reddy, S/o. Sai Reddy, aged 79 years, R/o. Vavilala Village, Jammikunta Mandal, Karimnagar District, A.P. 4 Manda Raghava Reddy, S/o. Chinna Nagi Reddy, aged 86 years, R/o. Pothireddypet Village, Huzurabad Mandal, Karimnagar District, A.P. 5 Thummala Jagannath Reddy, S/o. Late Gopal Reddy, aged 80 years, R/o. Metpally Village, Shankarapatnam Mandal, Karimnagar District, A.P. 6 Smt. Junnuthula Madhuramma, W/o. late Madhava Reddy, aged 80 years, R/o. Reddypalli Village, Veenavanka Mandal, Karimnagar District, A.P. 7 Smt. Polsani Laxmi, W/o. late Mukunda Rao, aged 90 years, R/o. Valbhapur Village, Elkathurthy Mandal, Karimnagar District, A.P. 8 Vancha Narayana Reddy, S/o. Malla Reddy, aged 80 years, R/o. Vadira Village, Ramadugu Mandal, Karimnagar District, A.P. 9 Bhoopathy Veeresham, S/o. Raghavulu, aged 80 years, R/o. Veenavanka Village & Mandal, Karimnagar District, A.P. 10 Adigoppula Lingaiah, S/o. Chandraiah, aged 82 years, R/o. Reddypally Village, Veenavanka Mandal, Karimnagar District, A.P. 11 Kapati Buchaiah, S/o. Rajaiah, aged 80 years, R/o. Kanaparthy Village, Veenavanka Mandal, Karimnagar District, A.P. 12 Pingali Pulla Reddy, S/o.Late Sai Reddy, aged 88 years, R/o. Pothireddypet Village, Huzurabad Mandal, Karimnagar District, A.P. 13 Jaly Raji Reddy, S/o. Raghava Reddy, aged 80 years, R/o. Kankulagidda Village, Huzurabad Mandal, Karimnagar District, A.P. 14 Kalluru Anjaiah, S/o. Rajaiah, aged 75 years, R/o. Kummarikunta Village, Julapally Mandal, Sulthanabad Tq, Karimnagar District, A.P. 15 Vanthadupula Jeraiah, S/o. Yellaiah, aged 76 years, R/o. Metpally Village, Shankarapatnam Mandal, Karimnagar District, A.P. 16 Manchikatla Ramaswamy, S/o. Venkataiah, aged 83 years, R/o. Huzuabad Village & Mandal, Karimnagar District, A.P. 17 Banala Narsaiah, S/o. Venkatrajam, aged 82 years, R/o. Katrapally Village, Huzurabad Mandal, Karimnagar District, A.P. 18 Koppula Sathyamma, W/o. late Rajaiah, aged 68 years, R/o. Katrapally Village, Huzurabad Mandal, Karimnagar District, A.P. 19 Rontala Chinna Malla Reddy, S/o. Veera Reddy, aged 78 years, R/o. Kankulagidda Village, Huzurabad Mandal, Karimnagar District, A.P. 20 Bokkala Ram Reddy, S/o. Kistaiah, aged 89 years, R/o. Thummanapally Village, Huzurabad Mandal, Karimnagar District, A.P. 21 Smt. T. Vasumathi, W/o. Late T. Veerabhadra Rao, aged 71 years, R/o. Pothrapally Village, Odelu Mandal, Karimnagar District, A.P. 22 Jaly Venkatraji Reddy, S/o. Linga Reddy, aged 84 years, R/o. Kankulagidda Village, Huzurabad Mandal, Karimnagar District, A.P. 23 Mudraboina Parvathalu, S/o. Ramaiah, aged 78 years, R/o. Ramapuram Village, Huzurabad Mandal, Karimnagar District, A.P. 24 Madda Yella Reddy, S/o. Malla Reddy, aged 78 years, R/o. Rekonda Village, Husnabad Mandal, Karimnagar District, A.P. 25 Chada Adireddy, S/o. Buchi Ram Reddy, aged 78 years, R/o. Rekonda Village, Chigurumamidi Mandal, Karimnagar District, A.P. 26 Kore Mandaiah, S/o. Poshalu, aged 82 years, R/o. Korkal Village, Veenavanka Mandal, Karimnagar District, A.P. ..... PETITIONERS AND 1 The Government of India, Rep. by its Deputy 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, Kham Market, New Delhi. 3 The Pay & Accounts Office, (Pension & Mise.,), Ministry of Home Affairs, 2/10, Jamnagar House, NEW DELHI.-1. .....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 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 dated 12-03-2008 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 Counsel for the Petitioners: MR.CHALLASIVASANKAR Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: 1 The petitioners 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 12-03-2008 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 and the learned Standing Counsel for Central Government 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 representations submitted by the petitioners and produced the order of this Court in W.P.No.12451 of 2008. 3 Having perused the said order passed by this Court and in view of the submissions made by both the learned counsel, 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 representations dated 12.03.2008 submitted by the petitioners and pass appropriate orders thereon within a period of three months from the date of receipt of a copy of this Order. No order as to costs. N.V.RAMANA, J Dt.03.02.2009 va