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 SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20734 of 2008 Between: Bairagony Tirupataiah S/o. Mankaiah R/o. Narlapoor Village, Parkal Mandal, Warangal District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by the Deputy Secretary, Ministry of Home Affairs (Freedom Fighter Division) Locknayak Bhavan, Khan Market, New Delhi. 2 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. .....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 an appropriate writ order or direction more particularly in the nature of writ of Mandamus by declaring the inaction of the 1st respondent in considering the application of the petitioner for grant of Freedom Fighter Pension pursuant to the recommendations of the 2nd respondent in his letter dt. 12-8-2003 and 8-2-2007 is illegal , void abnitio and contrary to the Article 14, 21 of Constitution of India and may be further direct the 1st respondent to consider for grant of Freedom Fighter Pension to the petitioner pursuant to the recommendations of the 2nd respondent in his letter dt. 12-8-2003 and 8-2-2007 forthwith in the interest of justice and to pass Counsel for the Petitioner:MR.A.RAVINDER Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER This writ petition has been ﬁled by Bairagony Tirupataiah assailing the inaction of the ﬁrst respondent in considering his application for grant of Freedom Fighter Pension under Swatantra Sainik Samman Pension Scheme, 1980 pursuant to the recommendations of the 2nd respondent vide letter dated 12.8.2003. The petitioner claims to be a Freedom Fighter. He submitted an application for grant of Freedom Fighters’ Pension under “Swatantra Sainik Samman Pension Scheme, 1980”. 2nd respondent referred his application to the 1st respondent. Thereupon, 1st respondent sought for a clariﬁcation vide letter dated 31.12.2003. After getting necessary veriﬁcation of the reports, the 2nd respondent recommended the case of the petitioner to the 1st respondent vide letter dated 8.2.2007 and since then the matter is lying with the 1st respondent. Hence, this writ petition. When the writ petition came up for admission, learned standing counsel for Central Government received notice on behalf of R1 and learned Government Pleader for Revenue received notice on behalf of R2. Heard the learned counsel appearing for the petitioner, learned standing counsel appearing for R1 and the learned Government Pleader for Revenue appearing for R2. Learned counsel appearing for the petitioner submits that 2nd respondent recommended the case of the petitioner vide letter dated 8.2.2007 and presently the matter rests with the 1st respondent to pass appropriate orders. Learned standing counsel for Central Government appearing for R1 adverted to the letter dated 8.2.2007 addressed to the 1st respondent. The text of the letter reads as hereunder. With reference to your Ministry’s letter ﬁrst cited, I am directed to forward herewith the verification report along with necessary documents/certiﬁcates in respect of the following individuals for taking necessary action at their end. (1) Sri Bairagani Tirupathaiah son of Mankaiah, r/o Narlapur (V) of Parkal Mandal, Warangal District. (2) Smt Bairagani Rajamma w/o late Mankaiah, r/o Narlapur (V) of Parkal Mandal,Warangal District. The following are the documents/certiﬁcates produced by the applicants in support of their/spouses claims for sanction of Freedom Fighters Pension under Central Scheme. 1.Personal Affidavit duly attested by the RDO, Mulugu 2.Personal Knoweldge certiﬁcate issued by Sri Kota Satya Narayana Reddy s/o Laxma Reddy, PPO No.684/POL/Central, Burkacherla (V), Mothe Mandal, Nalgonda District, duly attested by the RDO, Mulug. 3.Statements of following two FFs as camp in charge is not alive. (a) Sri K.Ramaswamy s/o Venkaiah, r/o Varikole village FF PPO No.7124. (b) (b) Sri A.Chandraiah, s/o Ankaiah, r/o Malakpet (V), FF PPO No.9214179. The above referred letter indicates that the matter rests with the 1st respondent to pass appropriate orders on the application ﬁled by the petitioner for grant of pension under Swatantra Sainik Samman Pension Scheme, 1980. In that view of the matter, the writ petition is disposed of directing the 1st respondent to consider the application of the petitioner for grant of Freedom Fighter Pension under Swatantra Sainik Samman Pension Scheme, 1980 and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. No costs. __________ 23-09-2008 rkk