THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 12251 of 2005 O R D E R: This writ petition is filed seeking Mandamus declaring the proceedings No. 112/157/2004-FF(HC) dated 6.4.2005 of 1st respondent as arbitrary, illegal and contrary to the Swatantra Sainik Samman Pension Scheme; consequently to direct 1st respondent to re-consider the case of petitioner for granting pension under the said Scheme with effect from the date of his application. According to the petitioner, who is aged about 80 years as on today, he is a freedom fighter, having participated in Anti- Nizam Government movement for merger of Hyderabad State into Indian Union. Due to their destabilization activities, the Nizam Government issued warrant against him and several other freedom fighters. Therefore, petitioner, along with others, went underground for more than six months. Later, after merger of Hyderabad State into Indian Union, they came out from underground. In view of Swatantra Sainik Samman Pension Scheme evolved by the Union of India, petitioner applied for the same, since he is eligible, in the year 2000. 2nd respondent vide Memo No.24714/FFII/A2/2001-I dated 7.7.2001 requested the District Collector, Mahaboobnagar to conduct enquiry basing on the documents submitted by the petitioner. The District Collector, Mahaboobnagar, vide his Letter No.C5/5568/2001 dated 6.9.2001 sent a report to 2nd respondent, stating that the petitioner had participated in the freedom struggle and he is found to be a genuine freedom fighter. Basing on the report of the District Collector, Mahaboobnagar, 2nd respondent, vide his Lr.No.42351/FF.II/A2/2002 dated 19.4.2003 recommended the case of the petitioner to 1st respondent for granting pension under the Scheme. Though such a recommendation was made along with relevant documents, the impugned order is sought to be passed stating that acceptable secondary evidence i.e. Non-availability of Records Certificate and Personal Knowledge Certificate are not forthcoming and in the absence of the same, it is not possible to consider the claim of the petitioner. It is unfortunate that even in the light of recommendation made by the District Collector, Mahaboobnagar after thorough verification along with the list of persons against whom arrest warrants have been issued, wherein the name of the petitioner figures at Sl.No.7, and though the District Collector has certified that the petitioner is a genuine freedom fighter, the case of the petitioner was rejected on flimsy grounds. The copies of documents at page Nos. 18 and 19 of the material papers filed along with the writ petition would indicate that against the petitioner arrest warrant was issued and he was evading arrest. Now, at the age of 80 years if the petitioner is asked to submit some more evidence to say that he had participated in such freedom struggle, it is nothing but torturing and harassing a freedom fighter. The concerned Revenue Divisional Officer conducted a detailed enquiry and submitted report, basing on which the District Collector, Mahaboobnagar made recommendation to 2nd respondent – Government and therefore 2nd respondent forwarded the application of the petitioner to 1st respondent, along with relevant documents. Once this is so, raising some silly objections and rejecting the case of the petitioner seems to be not correct. Therefore, the impugned order dated 6.4.2005 is liable to be set aside and accordingly set aside and 1st respondent is directed to re-consider the case of the petitioner without raising any objection as to submission of secondary evidence etc. and pass appropriate orders for granting pension under the Swatantra Sainik Samman Pension Scheme, 1980 in favour of the petitioner within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly allowed. No order as to costs. JUSTICE C.V. RAMULU. Date: 22-12-2010. MVB.