IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2846 of 2008 Between: Ms. Mohd Khajabee, W/o. Late Mohd Khan, R/o. H.No. 16-57, Sarojini Devi Road, Narsampet, Warangal District - 500 132 (AP) ..... PETITIONER AND 1 Union of India Rep by its Secretary, Ministry of Home Affairs, Freedom Fighters Wing, 1st Floor, Lok Nayak Bhavan, New Delhi. 2 The Government of Andhra Pradesh, Rep by its Secretary, Revenue (Freedom Fighters) AP Secretariat, Saifabad, Hyderabad (AP) .....RESPONDENT(S) 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 direction, orders or a writ, more particularly one in the nature of a writ of mandamus directing/declaring the action of the respondents herein, "Declare the action of the Respondents herein in not granting /releasing pension to the petitioner herein (who is the window of /sole survivor to declared Freedom Fighter late Mohd. Khan) despite her eﬀorts for the last two decades, as being contrary to the scheme of the Central as well as State Government and also violative of petitioner's Fundamental Rights guaranteed under Article 14 and 21 of the constitution of India and therefore ULTRAVIRES" and pass Counsel for the Petitioner:MR.VISHAL SAXENA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 2846 OF 2008 ORDER: 1. This writ petition has been ﬁled by Mohd. Khaja Bee assailing the action of the respondents in not considering her application seeking pension under Swantrata Sainik Samman Scheme, 1980. 2. The petitioner claims that her husband was a freedom ﬁghter who took active part in freedom struggle during the period preceding 15th August, 1947. Her husband was arrested and convicted and conﬁned in Central Prison from 27-12-1357 Fasli to 28-7-1358 Fasli. Her husband submitted application for grant of freedom ﬁghters pension under 1972 scheme. Pending consideration of the application, he died on 18-4- 1980. Therefore, she submitted an application for grant of pension under Swantrata Sainik Samman Scheme as widow of freedom fighter. Her application remained unattended. Hence, she chooses to approach this Court invoking jurisdiction under Article of 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned Assistant Solicitor General appearing for the 1st respondent. 4. Learned counsel appearing for the petitioner submits that the petitioner got issued legal notice dated 26-2-2007 to the 1st respondent to consider her application for grant of pension under Swantrata Sainik Samman Scheme. Copy of the representation submitted by the petitioner and copy of the legal notice issued on her behalf have been placed on record. A further submission has been made by the learned counsel for the petitioner that the District Collector, Warangal has addressed letter to the Secretary Revenue Department, Andhra Pradesh, Hyderabad certifying that the husband of the petitioner has participated in the freedom struggle of the then Hyderabad State. 5. In that view of the matter, this writ petition is disposed of directing the respondents to consider the application of the petitioner for sanction of the pension under Swantrata Sainik Samman Scheme and pass appropriate orders within three months from the date of receipt of copy of this order. No order as to costs. ______________________________ Jusstice B.Seshasayana Reddy 20th August, 2008 Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 2846 OF 2008 20th August, 2008.