IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12451 of 2008 Between: 1 Radandi Peddiah @ Chakali Peddaiah, S/o. Somaiah, R/O. Lingala Village, Regonda Mandal, Warangal District. 2 Smt. Bandi Sammakka, W/o. Sammaiah, R/O. Pochampalli Village, Regonda Mandal, Warangal District. 3 Smt. Nagalakani Radhabai, W/o. late Agaiah, R/o. MOgullapally Village & Mandal, Warangal District. ..... 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, 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 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 sanctioned to the Petitioners in spite of the reorientations dated 15- 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 Petitioner: MR.CHALLASIVASANKAR Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: This writ petition is filed for issuance of Mandamus declaring the action of the second respondent in not granting pension from the date of the applications submitted by the petitioners under Swatantrata Sainik Samman Scheme in spite of the representations dated 15.03.2008 of the petitioners, as illegal, arbitrary and violation of the principles of natural justice. The petitioners are the pensioners under the Swatantrata Sainik Samman Scheme, 1980 (for short ‘the scheme). The grievance of the petitioners is that though they have submitted applications for sanction of pension under the Scheme, the pension was not granted to them from the date of their applications instead they have been granted pension from 17.02.2003, 11.03.1993 and 26.02.2003 respectively. They have submitted representations on 15.03.2008 seeking sanction of pension from the date of their applications, and the same is stated to be pending. Despite service of notice on the Assistant Solicitor General, Government of India, there is no representation on behalf of the respondents. Heard learned counsel appearing for the petitioners. Learned counsel appearing for the petitioners submitted that as per the judgment of Supreme Court in Mukundlal Bhandari & ors. Vs. Union of India & ors., passed in W.P.(Civil).No.153 of 1992 dated 14.05.1993, the petitioners are entitled to pension under the Swatantrata Sainik Samman Scheme, 1980 from the date of their applications. In view of the judgment of the Supreme Court, this Writ Petition is disposed of at the admission stage directing the second respondent to consider the representations submitted by the petitioners on 15.03.2008 and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. _________________________ (B. Seshasayana Reddy, J.) 17th June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Secretary, Government of India, 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. 4. 2 CD copies. Form-NIC-OGS/WP{TRT}