HON’BLE MR JUSTICE A. GOPAL REDDY WRIT PETITION NO.29031 OF 1995 DATE:18.03.2006 Between: Bakki Veeramallu and four others ..... PETITIONERS AND Government of India, rep. By Deputy Secretary, Ministry of Home Affairs, Lokmanya Bhavan, New Delhi and another. .....RESPONDENTS HON’BLE MR JUSTICE A. GOPAL REDDY W.P. No.29031 OF 1995 ORDER: Petitioner, who claims to be a freedom fighter, filed this Writ Petition seeking a direction to the first respondent to grant pension to him under Swatantra Sainik Samman Pension Scheme by quashing the proceedings No.12/80/76-FF (HC), dated 17.1.1995 as illegal. Through the impugned proceedings, the first respondent informed the petitioner that since the State Government in its report, dated 2.4.1994 have not recommended his case specifically and as the report of the Collector is negative, his case for grant of pension under the scheme of Freedom Fighters could not be considered. Pending the writ petition, as the petitioner died, his legal representatives came on record as petitioners 2 to 5. However, when the matter was taken up for hearing on 17.3.2006, none appeared for the petitioners and hence, the matter was directed to be listed today under the dismissal caption. Even today, there is no representation on behalf of the petitioners. The junior counsel representing the learned standing counsel for the respondents, submits that they have not filed any counter affidavit in the matter. I have gone through the material available on record. The Collector report, which has been referred to in the impugned order of the first respondent, clearly disclose that the deceased petitioner had participated in the Freedom Movement for merger of Hyderabad State into Indian Union; hoisted Indian National Flags during 1356 (F) to 1357 (F) at Rangashaipet village; the Superintendent of Police, Special Branch, Hanamkonda had issued arrest warrant under Section 33, 37 and 58 of Security Act; and the petitioner had went underground for eight months, whose name was figured as accused No.6 as per the extract of the warrant. A reference was also made to the effect that the deceased petitioner produced two certificates issued by one T. Hygreevachari and A. Hanumantha Rao supporting the fact of his suffering underground for one year. Considering the report of the Collector, the State Government through its letter No.39879/FF.II/93-1, dated 2.4.1994 forwarded the application of the deceased petitioner dated 28.3.1983 to the first respondent along with the report of the District Collector, Warangal recommending the case of the deceased petitioner for sanction of Freedom Fighters Pension from the Central funds. Hence, it is clear that even the State Government also recommended the case of the deceased petitioner for sanction of Freedom Fighters Pension in its letter dated 2.4.1994. In view of the above, the intimation given to the deceased petitioner through the impugned proceedings that the State Government have not recommended his case specifically and Collector’s report was also negative, is not in tune with the recommendations made by the State Government. Under those circumstances, the impugned proceedings are set aside and the matter is remitted to the first respondent with a direction to reconsider the case of the deceased petitioner and pass an appropriate speaking order. The Writ Petition is accordingly disposed of. No costs. ________________ A. GOPAL REDDY, J 18th MARCH, 2006. Tsr