IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16005 of 2008 Between: Madhiraju Sutha Keerthamma W/o. Late Venkateswara Rao R/o. Beerupalli, Kunchaparthi Post, Vemsur Mandal, Khammam District. ..... PETITIONER AND 1 Govt. of India, rep. by its Secretary, Department of Freedom Fighters, Ministry of Home, New Delhi 2 Govt. of A.P., rep. by its Secretary, Freedom Fighters Division, A.P.Secretariat, Hyderabad. .....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 an order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not granting freedom ﬁghters pension to the petitioner under the Swathanthra Sainik Samma Pension Scheme as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent to forthwith grant fighters pension w.e.f. 1987 and pass Counsel for the Petitioner:BODDULURI ASSOCIATES 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. 16005 OF 2008 ORDER: 1. This writ petition has been ﬁled by Madhiraju Sutha Keerthamma assailing the inaction of the respondents on her application for grant of freedom ﬁghters pension under Swathanthra Sainik Samman Pension Scheme. 2. Late Venkateswara Rao the husband of the petitioner was a patwari of Mulakatapalli village of erstwhile Paloncha Taluk, which is presently in Khammam District. During the struggle for uniﬁcation of Hyderabad state with the Republic of India, on the call given by the Hyderabad State Congress under the leadership of Sri Swamy Ramananda Theertha, Venkateswara Rao relinquished his job and participated in the freedom struggle. He propagated among the people not to pay taxes and levy on grains imposed by the Nizam Government. The Nizam Government issued warrant of arrest against him and on knowing that the Nizam government was trying to apprehend him, he went underground and joined the freedom ﬁghters at Machinenipalem Boarder Camp. At that point of time, the famous freedom ﬁghter Vattikonda Kotaiah was heading the camp. He proclaimed the ills of the Nizam administration and fought against the Razzakars. He remained underground for about a year till the freedom struggle culminated in the uniﬁcation of Hyderabad State in the Union of India. The Nizam Government dismissed from service and was declared as fugitive. After his death in 1970, the petitioner eked out her livelihood through cultivation. She applied for freedom ﬁghters pension on 10-5-1987. Despite several reminders, the respondents did not take any action on her application. Later under the Swatanthra Sainik Samman Pension Scheme, the 1st respondent constituted a Freedom Fighters Screening Committee. She appeared before the committee and the committee in ﬁle No. 112 by 4046l by 97 on 14-12-1997 vide agenda NO. 2531 recommended her case for grant of freedom ﬁghters pension as her husband was a genuine freedom ﬁghter. Pursuant to the said recommendation, she again sent a copy of freedom ﬁghters pension application on 27-3-1998. She made several requests to respondents, but the respondents have not taken any decision on her application. Hence, this writ petition invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned Government Pleader for Revenue appearing for Respondents. 4. Learned counsel appearing for the petitioner submits that her application is pending consideration before the Government of India and no orders have been passed thereon. 5. In that view of the matter, I deem it appropriate to disposed of the writ petition directing the respondents to consider the application ﬁle by the petitioner for grant of pension under Swatanthra Sainik Samman Pension Scheme and pass appropriate orders as expeditiously as possible preferably within four months from the date of receipt of a copy of this order. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 29th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16005 OF 2008 29th July, 2008.