IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7301 of 2008 Between: Battipati Venkateswara Reddy S/o. Seetharami Reddy, Hindu R/o. H.No. 9-2-142/2, Old Club Road, Khammam, Khammam District. ..... PETITIONER AND 1 The Deputy Secretary to Government of India, Bharat Sarkar, Ministry of Home Affairs, Freedom Fighter Division, 1st Floor, Lok Nayak Bhavan Khan Market, New Delhi. 2 The Government of Andhra Pradesh, Revenue (FF.I) Department, Rep. by its Joint Secretary, Secretariat Buildings, Hyderabad. 3 The Collector & District Magistrate, Khammam District, Khammam. .....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 writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the application of the petitioner, dated 19.12.1997 for sanction of Freedom Fighters Pension in terms of Swatantra Sainik Samman Pension Scheme issued by the 1st respondent is illegal, arbitrary and unconstitutional consequently direct the respondent to consider the application of the petitioner for sanction of Freedom Fighers Pension in terms of Swatantra Sainik Samman Pension Scheme issued by the 1st respondent and further direct the respondents to pay the Freedom Fighers Pension to the petitioner with retrospective effect and pass Counsel for the Petitioner:MR.K.V.SUBBA REDDY 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. 7301 OF 2008 ORDER: 1. This writ petition has been ﬁled by Battipati Venkateswara Reddy assailing the inaction of the respondents in considering his application for grant of pension under ‘Swatantra Sainik Samman Pension Scheme’. 2. The petitioner claims that he participated in freedom struggle on the call given by the State Congress Committee during the year 1947-48 for the merger of erstwhile Hyderabad State in the Indian Union. He made application dated 19-12- 1997 to the 1st respondent for sanction of Freedom Fighters Pension. His application remained unattended. Therefore, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned standing counsel of Central Government representing Respondents No.1 and 2. 4. Learned standing counsel of Central Government appearing for the 1st respondent submits that the petitioner application has not been considered by the Collector and District Magistrate, Khammam –3rd respondent and the role of the 1st respondent commences after the application is procured by the State Government. 5. In that view of the matter, the writ petition is disposed of directing the respondent No.3 to consider the application of the petitioner dated 19-12-1997 and forward the same to the 2nd respondent if the petitioner is otherwise eligible for sanction of pension under ‘Swatantra Sainik Samman Pension Scheme’. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 23rd September, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 7301 OF 2008 23rd September, 2008.