THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2998 of 2005 ORDER: This writ petition is filed seeking a Mandamus directing the 1st respondent to grant Swathantra Sainik Samman Pension as per the Government of India Guidelines of 1980 by holding the proceedings of the 1st respondent dated 20.09.2003 as illegal and arbitrary. Under the impugned proceedings dated 20.09.2003, the request of the petitioner, for grant of pension under Swathantra Sainik Samman Pension Scheme, 1980 (for short ‘SSSPS, 1980’), was rejected, though the State Government recommended the case of the petitioner. According to the petitioner, when the 1st respondent, vide its letter dated 25.11.1997, raised objections, namely, non-availability of records certificate, P.P.O. No.1 of the certifying Freedom Fighter and Certificate of loss of employment by the petitioner, he submitted his reply clarifying all the objections stating that he has furnished non- availability certificate from the Court of competent jurisdiction, the certifying Freedom Fighter’s details and full details of loss of employment in a private firm. Thereafter, the 1st respondent again issued another letter dated 28.05.1999 raising objections that the non- availability of records certificate lacks vital information, that it has not been verified by State Government, that the personal knowledge certificate issued by Sri N.V.Rama Rao is not acceptable as per the provisions of the Scheme, that no evidence furnished in support of underground sufferings and that loss of job as was certified is not acceptable. It is the case of the petitioner that with regard to the objection that he did not produce ‘non-availability of records’ certificate, he submitted a certificate from the competent Court that there are no records available with them. So far as the objections that personal knowledge certificate issued by Sri N.V.Rama Rao is not acceptable and that no evidence furnished in support of underground sufferings of the petitioner are concerned, it is the case of the petitioner that the certificate issued by Sri N.V.Rama Rao is sufficient to establish his claim as an underground sufferer, since the said N.V.Rama Rao is a prominent Freedom Fighter and recipient of Central Pension as a Freedom Fighter under PPO.No.2113/Pos/Central and also a recipient of Tamrapatra from the Government of India. With regards the objection that loss of job as was certified is not acceptable, the petitioner contends that loss of employment means employment lost by a Government Servant of Central or State Government including local bodies, but however, he submitted a certificate issued by his employer’s relative and also the documentary proof of his job. It is the further case of the petitioner is that in spite of his personal visit to the 1st respondent on 20.09.2000, explaining in person about his replies, the 1st respondent issued letter dated 22.09.2000 stating that his going to underground is due to fear that he may be arrested by the police when no executive order was pending against him, which is totally untenable ground in view of the certificate issued by an acknowledged Freedom Fighter. The grievance of the petitioner is that in spite of his producing the certificates from Police and Court that the records pertaining to the period of 1942 are not available with them, the 1st respondent issued proceedings dated 20.09.2003 rejecting his claim. Hence, this writ petition. Ms. Sumalini Reddy, the learned counsel for the petitioner, submitted that though the petitioner submitted all the relevant documents, the claim of the petitioner is rejected. She further submitted that the case of a similarly situated person was considered as a special case, by relaxing the provisions of the SSSPS, 1980, and he was granted pension of R.3,000/- along with other benefits, whereas the petitioner is discriminated. Further, the learned counsel for the petitioner relied on clause 2.2 - C (ii) of SSSPS, 1980, in support of her case. Per contra, the learned counsel appearing for the 1st respondent supported the impugned order. According to the petitioner, his underground suffering is certified by N.V.Rama Rao, a prominent Freedom Fighter and recipient of Central Pension as a Freedom Fighter under PPO.No.2113/Pos/Central and also a recipient of Tamrapatra from the Government of India, by his certificate dated 27.06.1992, the relevant portion of which reads as under: “Sri Pichika Veerraju, participated in 1942 Quit India Movement. He joined along with us in destroying Telegraphic wires and removing rail tracks on 20.8.1942 at about 11.30 PM near Seetharamapuram H/o Namavaram Village near Tuni Railway Station. Sri Pichika Veerraju escaped from Police arrest and underwent “UNDERGROUND SUFFERING” FROM 21-8-1942 to 21-8-1943 for a period of one year. Sri Pichika Veerraju is also an active participant since 1935 onwards in Khadi Pracharodamam. At that time, he has employed and working in Andhra Famous Khadi Production Unit of Sri Raja Pantula Venkanna of Tuni, E.G.District whose unit is an approved one in Andhra area by the All India Spinners Association, started by Mahatma Gandhi. He used to travel extensively in propagating Swadesi Movement’s principles and to wear Khadi. Due to his involvement in 1942 Quit India Movement and prolonged underground suffering for a period of one year, he ultimately lost his job in the said Khadi Production Unit of Raja Pantula Venkanna and thereby suffered very much for his existence and family maintenance.” However, the 1st respondent, by his letter dated 22.09.2000, interpreted the alleged underground suffering of the petitioner, which was certified by the said N.V.Rama Rao, as under: “Thus you had gone underground fearing that you may be arrested by the police when no executive order was pending against you. Therefore, your going underground was voluntary which is not treated as a suffering for grant of pension.” Further, in the last paragraph of the said letter dated 22.09.2000, the 1st respondent stated as under: “Further your coming overground in 1943 itself shows that either you tendered an apology or your name was falsely implicated.” The assertion of the petitioner that he participated in freedom struggle and the statement made by the said N.V.Rama Rao, in his certificate dated 27.06.1992, that the petitioner joined them in destroying Telegraphic wires and removing rail tracks on 20.08.1942 are not in dispute. The 1st respondent simply interpreted the underground suffering of the petitioner as voluntary. As per clause 2.2 – C of the salient features of Swatantrata Sainik Samman Pension Scheme, 1980, the claim of underground suffering is considered subject to furnishing of the documentary evidence by way of Court’s/Govt’s orders proclaiming the applicant as absconder, announcing an award on his head or for his arrest or ordering his detention OR where records of the relevant period are not available, a non-availability of records Certificate (NARC) from the concerned State/Union territory Administration along with a Personal Knowledge Certificate from a prominent freedom fighter who has proven jail suffering of a minimum two years and who happened to be from the same administrative unit. In the case on hand, the petitioner, in support of his claim, produced a certificate issued by N.V.Rama Rao, a prominent Freedom Fighter, and this is sufficient to establish the claim of the petitioner as an underground sufferer, and as such, it cannot be treated as shabby by the respondents in granting Swatantrata Sainik Samman Pension. For all the above stated reasons, the impugned proceedings dated 20.09.2003 issued by the 1st respondent is set aside and the respondents are directed to sanction Swatantrata Sainik Samman Pension to the petitioner forthwith. Accordingly, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 09.12.2010 Note: Issue CC in two days B/o V v