HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.5202 of 2007 Date : 8-2-2008 Between : P.Anandamma w/o.late P.Gattanna Goud ..Petitioner And The Union of India, Ministry of Home Affairs, Represented by its Under Secretary, Gruh Manthralay, New Delhi-8 and others .. Respondents HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.5202 of 2007 ORDER: 1. Heard the Counsel. 2. The Writ Petition is filed for a writ of mandamus directing the respondents to process the freedom fighters family pension in pursuance of order issued by the 2nd respondent vide No.112/3978/84- FF(Hyd.Cell) dated 29-11-1989 and instructions issued by the 1st respondent vide letter No.8/17/89-FF(P) dated 1-5-1992 and release the family pension to the petitioner from the month of July 2003 together with arrears and continue to pay the same and to pass such other suitable orders. 3. A counter affidavit in detail had been filed on behalf of the 1st respondent. 4. Sri V.Viswanatham, the learned Counsel had taken this Court through the contents of the affidavit of the writ petitioner and would submit that the inordinate delay in finalizing the proceedings though the writ petitioner is an unfortunate widow and a senior citizen definitely is unjust and improper. 5. The Counsel representing the respondents had taken this Court through the contents of the counter affidavit filed by the 1st respondent. It is averred that the husband of the petitioner late P.Gattanna Goud was a freedom fighter and hails from Mahaboobnagar District. He had studied Primary and High School at Mahaboobnagar and during the schooling he had undergone Congress Volunteers Training in the year 1942 at Jadcharla and participated in the student movement for the freedom of country from 1942-1947 in the capacity of General Secretary of the Students Union and the Students Congress in Mahaboobnagar District and was also a member of Hyderabad State Students Union in the year 1942. He had collected literature to inculcate national spirit and the collection of books were kept in SSR Library at Mahaboobnagar. The husband of the petitioner boycotted his High School classes run by the Nizam Government and joined the school only after Police action. Further, it is stated that the husband of the petitioner was arrested and jailed in 1947 and sentenced for a period of five years and nine months of Rigorous Imprisonment. However he was released in the year 1948. The husband of the petitioner had also acted as Secretary of the College Foundation Committee, Mahaboobnagar during the year 1950. Further, the husband of the petitioner was elected as President of the Chaderghat college Student Union in the year 1950 and he represented in the First Convention of National Union of Students held at Bombay in the year 1950. Further, the husband of the petitioner participated in several activities of students Union. In the year 1951 he joined in Government service in Co-operative Department. The Government of India was pleased to award Thamrapatras to the Freedom Fighters and the husband of the petitioner also was an awardee of Thamrapathra in the year 1973 at Mahaboobnagar. It is also further stated that while the matters stood thus, the 1st respondent was pleased to grant Freedom Fighter Political Pension to the husband of the petitioner by order dated 6-6-1981 intimating that the pension will be paid for the life time of the husband of the petitioner w.e.f 1-8-1980. Accordingly, a pension pmt order was issued with PPO No.6544/Pol. Dated 7-7-1981. It is further stated that the 1st respondent by Lr.No.112/3978/84-FF(Hyd.CELL) dated 29-11-1989 is granting pension from Central Revenues to Freedom Fighter and their families wherein the petitioner’s name had been shown as the spouse of late Sri Gattanna Goud. It is mentioned in the order that in the event of freedom fighter deceasing, the latter will be entitled to a family pension of Rs.750/- p.m. which may be paid from the date following the death of the pensioner during life time or till re-marriage. It is also stated that the husband of the petitioner died on 3-7-2003 leaving the petitioner, son P.Upender Goud and daughter P.Vijaya Lakshmi. After the death of the husband of the petitioner, the petitioner intimated the same to the 6th respondent and also requested respondents 2 to 5 to pay freedom fighter pension being the wife of the freedom fighter. Acting upon the petitioner’s representation, the Mandal Revenue Officer, Mahaboobnagar made an enquiry and submitted his report in Lr.No.A/5906/2005 dated 7-6-2005 to the Revenue Divisional Officer, Mahaboobnagar. Accordingly, the Revenue Divisional Officer, Mahaboobnagar by his Lr. dated -6-2006 recommended for transfer of pension to the petitioner as the petitioner had already submitted the required certificates duly attested by the Mandal Revenue Officer, Mahaboobnagar. Thereafter, the 5th respondent by his Lr.No.C/2422/2004 dated 23-6-2005 requested the 4th respondent for pmt of family pension. In response, the 4th respondent by memo No.83775/FF.II(2)/2005-I, dated 23- 8-2005 and directed the District Collector to verify and attest the petitioner’s signature under his office seal on submission of her affidavit. Accordingly, the petitioner had submitted affidavit giving all the necessary particulars and also ABCD Form, duplicate pension payment order No.6544/POI/Central, Death Certificate, Legal Heir Certificate, Bank Account number etc., as required by the 5th respondent. In turn the 5th respondent by his Lr.No.C2/5681/2005 dated 18-1-2006 requested the 6th respondent to take further action for sanction of family pension to the petitioner. Further, the 5th respondent confirmed that the petitioner had submitted all the aforesaid documents. Since there is no action taken by the 6th respondent, the petitioner submitted her representation on 23-1-2006 to the 6th respondent. Thereafter, the 6th respondent by his letter .dated 22-3- 2006 forwarded the petitioner’s representation dated 23-1-2006 together with the aforesaid documents to the 3rd respondent with a request to send the PPO immediately. In reply to the Lr. Dated 22-3-2006, the 3rd respondent addressed a letter dated 4-5-2006/ 28-6- 2006 stating that their office came into existence w.e.f. 1-1-1990 and PPO in question was not issued by their officer and h no record is available in their office. However, the 6th respondent was advised to make future correspondence with the 2nd respondent and return all the documents received by the 3rd respondent. Thereafter on 12-7-2006, the 6th respondent had submitted a reminder. Further it is stated that the petitioner is a widow and a senior citizen suffering with chronic ailments and for the past 3½ years, because of the inaction in the part of the respondents, the petitioner is suffering a lot and she made repeated representations to the respondents and her latest report being through telegram dated 20-6-2006 to the 2nd respondent requesting to order of family pension, but no response is forthcoming. The petitioner is a poor widow and her family is suffering severe financial difficulties. It is further stated that the husband of the petitioner was a freedom fighter granted with Freedom Fighter Pension/Political and he was a recipient of Thamrapathra from the Government of India in the year 1973. Apart from the said aspect, there is an order from the 2nd respondent in No.112/3978/84- FF(Hyd-Cell) dated 29-11-1989 wherein the petitioner had been identified as the spouse of late Gattanna Goud and it was mentioned that the petitioner is entitled to family pension of Rs.750/- p.m. to be paid from the date following the death of the husband of the petitioner during her life time. In spite of the said order from the 2nd respondent, the Family Pension is not being paid to the petitioner even though 3 years 7 months elapsed. It is further stated that the 1st respondent had issued instruction in letter No.8/17/89-FF(P) dated 1-5-1992 to the Public Sector Banks/Director of Accounts/Treasuries/Pay & Accounts Officer, in respect of pmt of pension as indicated in the Pension Payment Orders. It is specifically stated that the petitioner is entitled to grant of pension under Swatantrata Sainik Samman Pension Scheme 1980, formerly know as Freedom Fighters’ Pension Scheme 1972. Certain grounds also had been specifically raised. 6. In the counter affidavit filed the background of the case had been narrated. Further it is stated that most of the sanctioned files of the freedom fighter pensioners were destroyed in an incident of fire in the record room of the Ministry. The relevant file in which pension is stated to have been sanctioned to the late husband of the petitioner is not available in the records. However, the claim made in para-4 that Pension Payment Order No.6544/Pol. Dated 7-7-1981 was issued in favour of the petitioner’s late husband is contradictory to the fact that pension was sanctioned in sanction letter No.112/3978/84-FF(Hyd- Cell) dated 29-11-1989 as claimed in the Writ Petition. It is further stated that a P.P.O. could not have been issued on 7-7-1981 when pension was sanctioned on 29-11-1989. Further it is stated that as per the procedure preliminary decree by O.M.No.8/17/89-FF dated 1-5-1992 in case of pensioners already drawing their pension through the Treasuries etc., the payment of family/dependent pension as indicated in the pension payment orders shall be commenced by the disbursing authority on receipt of death certificate and application for family pension in the prescribed forms along with the pensioner portion of the pension payment order and an affidavit affirming the relationship with the deceased freedom fighter. The matter is not required to be referred to the 1st respondent –Ministry since the 1st respondent has no role in transfer of pension. However, as the petitioner contended that although she had submitted all the relevant documents viz., death certificate, legal heir certificate, pension payment order and application etc., as required and directed by the authorities, she had not been paid the dependent pension, a letter to the Accountant General (A&E), Hyderabad had been issued on 13-11-2007 to ascertain the factual position of the case. Further action would be possible only receipt of reply regarding the reasons for not starting payment of the family pension in the name of the petitioner. The petitioner had also been requested to send copies of the relevant documents to enable the 1st respondent to re-construct the file. It is also further stated that the 1st respondent is not aware as to why the dependent pension to the petitioner was not disbursed by the disbursing authority and therefore no reply can be given to the contentions made by the petitioner in this regard. Further, the matter primarily relates to respondents 3, 4 and 6 and as already submitted, the payment of dependent pension can be started by the pension disbursing authorities on submission of the required documents. 7. The letter dated 13-11-2007 is placed before this Court and the same reads as hereunder: No.52/CC/116/2007-FF(HC) Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya Lok Nayak Bhavan, Khan Market, New Delhi 110003. Dated : 13 NOV 2007 To The Accountant General (A&E), Government of A.P., Hyderabad-500022. Sub:- W.P.No.5202/07 filed by Smt.P.Anandamma w/o.late P.Gattanna Goud, r/o.19-5-9-12, Housing Board Colony, Bahadurpura, Hyderabad for release of dependent family pension. *** Sir, I am directed to say that Smt.P.Anandamma w/o.late P.Gattanna Goud has filed a Writ Petition No.5202/07 in the Hon’ble High Court of Andhra Pradesh regarding her claim for grant of family pension as a widow of late P.Gattanna Goud. 2. As per the procedure prescribed by O.M.No.8/17/89-FF dated 1st May, 1992 in case of pensioners already drawing their pension through the Treasuries etc., payment of family/dependent pension as indicated in the pension payment orders shall be commenced by the disbursing authority on receipt of death certificate and application for family pension in the prescribed forms along with the pensioner portion of the pension payment order and an Affidavit affirming the relationship with the deceased Freedom Fighter. 3. In the Writ Petition, Smt.Anandamma has contended that she had submitted all the relevant documents viz., death certificate, legal heir certificate, pension payment order and application etc., as required and directed by the authorities. But till date, she has not been paid the dependent pension. 4. It is requested that the factual position in this regard may be intimated to enable this Ministry to file a Counter affidavit in the Hon’ble High Court at the earliest. Yours faithfully, Sd/- (S.D. Kaushik) Under Secretary to Government of India 8. The grievance of the petitioner is that the respondents are not evincing any interest in releasing the family pension in spite of clear directions contained in the letter dated 1-5-1992 and it is also stated that the petitioner is entitled for the same from the date of death of her husband. Further, it is the grievance of the writ petitioner that the respondents having received all the required documents are sleeping over the matter for the last 3 years 7 months for the reasons best known them and the petitioner is being driven from pillar to post. This inaction on the part of the respondents would amount to frustrating the very spirit of granting the freedom fighters pension and is causing great hardship to petitioner. 9. It is brought to the notice of this Court that respondents 4, 5 and 6 already had forwarded the relevant papers to the 2nd respondent. In the light of the facts and circumstances, let the 2nd respondent consider the case of the petitioner in the light of the material already placed before the 2nd respondent for release of the family pension to the petitioner as prayed or in the Writ Petition and take appropriate decision in this regard in accordance with Law within a period of four weeks from the date of receipt of this order. 10. The Writ Petition is accordingly disposed of accordingly. No costs. _________________ Justice P.S.Narayana Date : 8-2-2008 Note: Furnish copy in a week AM