IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 5246 of 2009 Between: 1 Korem Mukunda Reddy S/o. Papi Reddy R/o. Kothagattu Village, Shankarapatnam Mandal, Karimnagar District, A.P. 2 Seela Rajamouli S/o. Rajaveeru R/o. Duddenapally Village, Venkapally Saidapur Mandal, Karimnagar District, A.P. 3 Durgam Narsamma W/o. Pedda Ailaiah R/o. Amudalapally Village, Shankarapatnam Mandal, Karimnagar District, A.P. 4 Korem Vajramma W/o. Late Thirupathi Reddy R/o. Kothagattu Village, Shankarapatnam Mandal, Karimnagar District, A.P. 5 Yellaboina Narsamma W/o. Y. Komuraiah R/o. Rangaiahpalli Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 6 Guduru Lachamma W/o. Late Mallaiah R/o. Mustafapur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 7 Chidurala Sambaiah S/o. Rajaram R/o. Mulkanoor Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 8 Vanaparthi Venkataiah S/o. Mallaiah R/o. Mutharam Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 9 Gandu Datta Mallamma W/o. G. Veeraiah R/o. Mulkanoor Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 10 Tokala Ram Reddy S/o. Raji Reddy R/o. Chelpur Village, Huzurabad Mandal, Karimnagar District, A.P. 11 Naredla Prathap Reddy S/o. Raja Papi Reddy R/o. Peddapapaiahpally Village, Huzurabad Mandal, Karimnagar District, A.P. 12 Hinga Khandaiah S/o. Buchaiah R/o. Ratnagiri Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 13 Kommula Sarvaiah S/o. Ailaiah R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 14 Bere Advaiah S/o. Mallaiah R/o. Elkurthy Village, Dharmasagar Mandal, Warangal District, A.P. 15 Goli Papi Reddy S/o. Buchi Reddy R/o. Yellapur Village, Hasanparthy Mandal, Warangal District, A.P. 16 Gadipally Chandravva @ Chandramma W/o. Late Venkataiah R/o. Anthakpet Village, Husnabad Mandal, Karimnagar District, A.P. 17 Gadarla Ramaiah S/o. Chandraiah R/o. Chutapally Village, Husnabad Mandal, Karimnagar District, A.P. 18 Vodnala Chinna Ashalu S/o. Veeraiah R/o. Keshavapatnam V & M, Karimnagar District, A.P. ..... PETITIONERS AND 1 The Government of India, rep. by its Dy. 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, Khan 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 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 inspite of the reorientations dated 19.03.2008 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. Counsel for the Petitioners:SRI CHALLASIVASANKAR Counsel for the Respondents: SRI A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.5246 of 2009 ORDER: This writ petition is filed seeking a Mandamus to declare the action of the 2nd respondent in not granting pension under Swatantrata Sainik Samman Scheme 1980, sanctioned to the petitioners in spite of the representations dated 19.03.2008 submitted by the petitioners, as arbitrary and illegal, and consequently direct the respondents to sanction the pension to the petitioners from the date of their representations including the arrears of the pension and with all consequential benefits. When the matter is taken up for hearing, the learned counsel for the petitioners have 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 v. Union of India & Others dated 14.05.1993 with a direction to the respondents to consider the representations submitted by the petitioners and also produced the order passed by this Court in W.P.No.1903 of 2009. Having perused the said order passed by this Court and in view of the submissions made by the learned counsel for the petitioners, this Court is of the opinion that this writ petition can be disposed of at the stage of admission. Accordingly, this writ petition is disposed of at the stage of admission directing the 2nd respondent-Under Secretary to Government of India, to consider the representations dated 19.03.2008 submitted by the petitioners and pass appropriate orders thereon, within a period of six weeks from the date of receipt of a copy of this order. No costs. _____________ N.V.RAMANA,J 17.03.2009 Note: Furnish CC in three days Bo v v