THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.26655 of 2006 Date : 18-2-2008 Between: Smt.Kurshid Anujun .. Petitioner And The Government of India, Represented by Ministry of Home Affairs and others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.26655 of 2006 ORDER: 1. The petitioner filed the present Writ Petition for a Writ of Mandamus declaring the action of the 1st respondent in not considering the case of the petitioner for grant of pension under the Swatantra Sainik Sanman Scheme 1980 as arbitrary, illegal and contrary to the object of the scheme and for extraneous considerations and to issue a consequential direction to the 1st respondent to grant pension to the petitioner under the Swatantra Sainik Sanman Scheme 1980 w.e.f. the date of application by considering the representation dated 8-9- 2006 and to pass such other suitable orders. 2. Heard the Counsel on record. 3. It is stated that the husband of the petitioner participated in Hyderabad liberation movement in 1947-48 and worked as under ground worker for the sake of mother land until independence was achieved and he also participated in the struggle against the Nizam Rule and the Razakars. It is further stated that the husband of the petitioner used to go to the villages to give speeches to inspire the people, youth and women and convince them and joined hands to support the Government of India to strengthen the freedom movement. He was ill- treated and tortured by the Nizam Police and Razakars and received injuries which were there on his body till his last breath. The husband of the petitioner worked under the leadership of Guru Bheem Rao Baswanth Rao Patil, Dudani District (Sholapur (then Nizam area) and he also actively participated in the armed raids at BADALAL, Yelsanghi, Madan Hipparage, Revoor, Nimvarage and destroyed the Custom Nakas in the villages. It is also further stated that the Government of India introduced a scheme known as Swatantra Sainik Sanman Pension Scheme 1980 and the same is extended to the persons participated in the Hyderabad liberation movement. The persons who fulfilled the conditions in the Scheme are entitled for grant of sanman pension. Accordingly, the husband of the petitioner submitted application to the respondents 1 and 2 along with all documentary proof required under the scheme through registered post vide receipt No.4470, dated 30-3-1982, R.P.L.No.4881, dated 18-7-1985, but no action was taken by the respondents on his applications. The husband of the petitioner died on 19-10-1994 without receiving the benefits of the scheme. After the death of the husband of the petitioner, the petitioner made application to the 2nd respondent on 21- 12-1994 for grant of pension by producing all the necessary documents required under Swatantra Sainik Sanman Scheme. The respondents had not taken any action and hence the petitioner submitted another application on 10-11-1999. The 2nd respondent by Memo No.74856/FF.II/A2/99-1 dated 9-11-1999 had erroneously sent all the enclosures to the District Collector, Hyderabad to enquire into the genuineness of the certificates and requested detailed report. However, on realizing the mistake, the 2nd respondent by Memo No.74856/FF.II/A2/99-1, dated 29-11-1999 requested the 3rd respondent to submit a report. The 3rd respondent after conducting enquiry submitted a report to the 2nd respondent recommending sanction of freedom fighters pension to the petitioner by report Lr.No.C2/7923/99 dated 23-2-2000 by enclosing all the documents. It is further stated that the 2nd respondent on verification of the report and the documents of the 3rd respondent addressed D.O.Lr.No.74856/FF.II/A2/99-4 dated 22-4-2000 requesting the 3rd respondent to obtain and furnish the affidavit and co-prisoner certificate/personal knowledge certificate attested by the Mandal Revenue Officer in revised format prescribed by Government of India from the petitioner. Accordingly the petitioner furnished the documents required by the 2nd respondent to the 3rd respondent. The 3rd respondent by Lr.No.C2/7923/99 dated 28-4-2000 had submitted the personal knowledge certificate issued by Smt.Parvathamma r/o. Vikarabad attested by the Mandal Revenue Officer, Qutbullapur and the Judicial First Class Magistrate, Medchal, R.R. District. The 2nd respondent forwarded the verification report submitted by the 3rd respondent together with the original documents duly recommending the case for grant of pension to the petitioner to the 1st respondent by Lr.No.74856/FF.II/A2/2000-4, dated 26-6-2000. It is also further stated that the 1st respondent had not passed any orders on the recommendations of the 2nd respondent and the petitioner submitted a representation to the 1st respondent. The Under Secretary, Lok Sabha Secretariat by Lr.No.53/C1/2001/R-58 dated 16-5-2001 forwarded the comments furnished by the Ministry of Home Affairs, Freedom Fighters Division by their Lr.No.O.M.No.F.112/46/2000-FF(HC) dated 8-5-2001 wherein it is informed that the case of the petitioner had been examined by the Ministry on the basis of the verification and entitlement to pension report received from the 2nd respondent, but it was not found possible to accede the request of the petitioner as he had not produced any documentary evidence such as copies of arrest warrant, court records etc., in support of the claim for underground suffering by the husband of the petitioner. Further it is informed that the documents produced by the petitioner i.e., Camp Incharge Certificate, PKC are not acceptable as the same are not as per the provisions of S.S.S.P. Scheme, 1980. It is also further stated that the case is again being taken up by the State Government as per new guidelines issued to them and the case will be further considered on receipt of fresh verification report as per new guidelines by the 2nd respondent. It is also further stated that thereafter the petitioner submitted a number of representations dated 24-6-2001, 13-2-2002, 14-7-2003, 7-8-2004 and 25-10- 2005 to the respondents but there is was no response. Again, the petitioner submitted a detailed representation on 8-9-2006 to the 1st respondent stating all the facts and also narrating the incidents wherein similarly situated persons who along with the petitioner’s husband participated and remained in the same camp, went under ground along with the petitioner’s husband were granted pension basing on the certificate issued by the Camp Incharge and also the personal knowledge certificate issued by the co-persons. However, no orders had been passed by the respondents so far in favour of the petitioner. It is further stated that the action of the 1st respondent in not considering the petitioner’s request for grant of pension under Swatantra Sainik Sanman Scheme, 1980, in spite of repeated representations and recommendation made by the 2nd respondent is illegal, arbitrary and contrary to the objects of the scheme. As per the scheme, a person who remained underground for six months or more is eligible for pension provided he was a proclaimed offender or one on whom an award of arrest on head was announced or one for whose detention, orders were issued but not served. It is further stated that the claim of the underground sufferance is considered subject to furnishing of the evidence such as documentary evidence by way of Courts/Government Orders proclaiming the appellant as an absconder, announcing an award on his head or for his arrest or ordering his detention. In case of non-availability of records of the relevant period, a non-availability of records Certificate from the State/Union Territory Administration along with a personal knowledge certificate from a prominent freedom fighter who had proven jail suffering of minimum two years (which is now been reduced to six months) and who happened to be from the same administrative unit. It is further stated that the husband of the petitioner claimed underground suffering by producing the certificate of camp incharge. Basing on the documents produced, the 3rd respondent conducted the case for grant of pension stating that her late husband is a freedom fighter participated in the Hyderabad Liberation Movement as underground freedom struggle worker under the camp incharge Bheem Rao Basanth Rao Patil rom August 1947 to September 1948. In support of his report the 3rd respondent also enclosed copies of the Certificate of Camp Incharge, personal knowledge certificate issued by Smt.Parvathamma, affidavit of Smt.Parvathamma, Certificate of Narasamma, affidavit of Narasamma and the petitioner’s affidavit attested by Judicial First Class Magistrate and other relevant documents. On the said report of the 3rd respondent, the 2nd respondent also recommended the case of the petitioner to the 1st respondent for grant of pension. The 1st respondent for the reasons best known to him had informed to the Lok Sabha Secretariat which in turn had communicated to the petitioner that it is not found possible to accede to the request of the petitioner for grant of pension contrary to the guidelines under the scheme. Further it is stated that the petitioner’s request will be again considered as per the new guidelines on fresh verification report from the 2nd respondent. Thereafter, the petitioner had not received any communication either from the 2nd respondent or from the 1st respondent. In spite of the repeated requests, the respondents had not considered the case of the petitioner for grant of pension as per the revised guidelines. 4. Strong reliance was placed on letter No.74856/FF.II/A2/2000-4 dated 26-6-2000 and the same reads as hereunder:- GOVERNMENT OF ANDHRA PRADESH REVENUE (FF.II) DEPARTMENT Letter No.74856/FF.II/A2/2000-4 Dated:26- 6-2000 From B.Bhaskar Reddy, Deputy Secretary to Govt., Revenue Department, Secretariat, Hyderabad. To The Deputy Secretary to Govt.of India, Ministry of Home Affairs, Lok Nayak Bhawan, Khan Market, (Hyderabad Freedom Fighters Cell), New Delhi (W.Es.) Sir, Sub:- H.S.S.C. – Application of Smt.Kursheed Anjum w/o.Late Akram Hussain R/o.Quthullapur(M), Fighter Pension under Central Scheme – Submitted Verification Report – Regarding. Ref:- 1. From the Deputy Secretary to Govt. of India, MHA, New Delhi, Lr.No.8/6/98-FF.(P), dated 19-7-1998. 2. From the Collector, Ranga Reddy District, Lr.No.C2/7923/99, dated 23-2-2000 and 28-4-2000. *** I am directed to forward herewith verification report submitted by the Collector, Ranga Reddy District together with following original documents furnished by the applicant for necessary action:- 1. Copy of Voter list of 1995 2. Self Affidavit attested by the Judicial Magistrate of 1st Class, Medchal, Ranga Reddy District. 3. Personal knowledge Certificate (P.K.C.) issued by Smt.Parvathamma, Freedom Fighter, Ranga Reddy District. 4. Copy of Camp Incharge Certificate. 2. In view of the reported by the Collector in his letter 3rd cited, I recommend for sanction of Freedom Fighter Pension under Central Scheme to the applicant Smt.Kursheed Anjum, w/o.Late Akram Hussain R/o. Quthllapur, Ranga Reddy District. 3. The Orders issued in the matter may please be communicated to State Government at an early date. Yours faithfully, Sd/- for Deputy Secretary to Government In the light of the facts and circumstances, when the relevant material already had been forwarded in accordance with Law by the State Government, the Central Government is bound to consider the same in accordance with Law. The delay in consideration by the Union of India is being seriously complained before this Court. In view of the facts and circumstances, the Writ Petition is disposed of directing the 1st respondent to consider the case of the petitioner in accordance with Law for grant of pension under Swatantra Sainik Sanman Scheme 1980 within a period of four weeks from the date of receipt of this order. No costs. _________________ Justice P.S.Narayana Date : 18-2-2008 AM