IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1343 of 2009 Between: 1 Allepu Mondaiah @ Bellam Mondaiah S/o. Yellaiah R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 2 Smt. Vallepu Veeramma W/o. Late Siraiah @ Sivaiah R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 3 Gadda Karre Venkataiah S/o. Komuraiah R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 4 Smt. Gadda Lachamma W/o. Late Gadda Ramulu R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 5 Kotha Kista Reddy S/o. Nagaiah @ Nagi Reddy R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 6 Smt. Acha Lachamma W/o. Late Lasmaiah R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 7 Gatika Pedda Mallaiah S/o. Komuraiah R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 8 Bommishetti Veeraiah S/o. Komuraiah R/o. Koppur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 9 Balasti Rajaiah S/o. Narasaiah R/o. Errabelli Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 10 Smt. Kaleru Shyamalamma W/o. Late K. Mallaiah R/o. Errabelli Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 11 Kondam Hanumantha Reddy S/o. Mohan Reffy R/o. Jangam Village, Husnabad Mandal, Karimnagar District, A.P. 12 Smt. Chevvala Odemma W/o. Late C. Odelu R/o. Rangaiahpalle [Vangara] Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 13 Jana Agaiah S/o. Bajar R/o. Rathnagiri Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 14 Bairoju Laxmaiah S/o. Narayana R/o. Katkoor Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 15 Anumandla Vinoda W/o. Late A. Kanaka Reddy R/o. Jangam Village, Husnabad Mandal, Karimnagar District, A.P. 16 Sri Ramoju Somaiah S/o. Rama Krishna R/o. Vangara Village, Bheemadevarapally Mandal, Karimnagar District, A.P. ..... PETITIONER(S) AND 1 The Government of India Rep. by its Dy. Secretary Ministry of Home Affairs, Freedom Fighter's Division [HC], Lok Nayak Bhavan, Khan Market, New Delhi. 2 The Under Secretary to Government of India Ministry of Home Affairs Freedom Fighter's Division [HC], Lok Nayak Bhavan, Khan Market, New Delhi. 3 The Pay & Accounts Office {Pension & Mise.}, Ministry of Home Affairs 2/10, Jam Nagar House, New Delhi- 1. .....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 to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in not granting the pension from the date of their applications under Swatantrata Sainik Samman Scheme 1980, sanctioned to the Petitioners inspite of the reorientations dated 16-06-2008 of the Petitioners, as illegal, arbitrary, in gross violation of principles of natural justice and Article 14 and 21 of the Constitution of India and consequently direct the respondents to sanction the pension to the Petitioners from the date of their applications, including the arrears of the pension and with all consequential benefits or otherwise Petitioners will suffer serious loss and great hardship. Counsel for the Petitioner:MR.CHALLASIVASANKAR 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. 1343 OF 2009 ORDER: 1. The petitioners are pensioners under ‘Swatantrata Sainik Samman Scheme, 1980,( for short ‘the Scheme’ ). The grievance of the petitioners is that pension came to be granted from the year 2004/2005 instead of their respective date of applications. They submitted representation dated 16-6-2008 seeking the pension from the date of application and the same is stated to be pending. 2. When the writ petition came up for admission, Sri A. Raja Sekhar Reddy, learned Assistant Solicitor General takes notice on behalf of Respondents No.1 to 3. 3. As per judgment of Supreme Court in Mukundlal Bhandari and Others. Vs. Union of India and Others passed in W.P.(Civil) No. 153 of 1992 dated 14-5-1993, the petitioners are entitled to pension under the ‘Swatantrata Sainik Samman Scheme, 1980, from the date of their applications. 4. In view of the judgment of Supreme Court, this writ petition is disposed of at the admission stage directing the respondents to consider their representation dated 16-6-2008 and pass appropriate orders within two months from the date of receipt of copy of this order. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 30th January, 2009. Note: C.C. in a week B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 1343 OF 2009 30th January, 2009.