IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.1562 of 2009 Between: 1 Ramshetti Babu S/o.Veeramallu R/o.Seetampet Village, Hasanparthy Mandal, Warangal District, A.P. 2 Burra Mallaiah S/o.Ilaiah R/o.Pembarthy Village, Hasanparthy Mandal, Warangal District, A.P. 3 Chakilam Bakkaiah S/o.Raghavaiah R/o.Rangaiahpally Village, Regonda Mandal, Warangal District, A.P. 4 E.Srishailam S/o.Ayodhya R/o.Rangaiahpally Village, Regonda Mandal, Warangal District, A.P. 5 Kumba Papaiah S/o.Lachaiah R/o.Parakal Village & Mandal, Warangal District, A.P. 6 Garempally Narsaiah S/o.Rajaiah R/o.Peddampally Village, Regonda Mandal, Warangal District, A.P. 7 Basroju Satyanarayana S/o.Ramaiah R/o.Varikol Village, Parkal Mandal, Warangal District, A.P. 8 Vanga Mallaiah S/o.Kommuraiah R/o.Rangaiahpally Village, Regonda Mandal, Warangal District, A.P. 9 Ankam Odelu S/o.Mallaiah R/o.H.No.17-4-195, Kareemabad, Warangal District, A.P. 10 Naugari Veeranna S/o.Rajaiah R/o.Rayaparthy Village, Parkal Mandal, Warangal District, A.P. 11 Smt.Venishetti Laxmi W/o.Laxmaiah R/o.Parakal Village & Mandal, Warangal District, A.P. 12 Mydam Sammaiah S/o.Narsaiah R/o.Gori Kothapally Village, Regonda Mandal, Warangal District, A.P. ..... PETITIONERS AND 1 The Government of India, represented 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 & Misc.], Ministry of Home Affairs, 2/10, Jamnagar House, New Delhi -1. .....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 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 15.09.2008 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 and pass such other order or orders. Counsel for the Petitioners: MR.CHALLASIVASANKAR Counsel for the Respondent Nos.1 to 3: Mr.B.V.RAMNARESH KUMAR SC FOR CG The Court made the following : ORDER: 1 The petitioners approached this Court and filed the present writ petition with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioners herein pray that this Hon’ble Court may be pleased 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 in spite of the reorientations dated 15-09-2008 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 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2 When the matter is taken up for hearing, the learned counsel for the petitioners and the learned Standing Counsel for Central Government brought to the notice of this Court that similar Writ Petitions were disposed of as per the judgment of the Supreme Court in Mukundlal Bhandari & Others Vs. Union of India & Others dated 14.05.1993 with a direction to the respondents to consider the representations submitted by the petitioners and produced the order of this Court in W.P.No.12451 of 2008. 3 Having perused the said order passed by this Court and in view of the submissions made by both the learned counsel, this Court is of the view that this Writ Petition can be disposed of at the stage of admission. 4 Accordingly, the Writ Petition is disposed of at the stage of admission directing the second respondent herein to consider the representations dated 15.09.2008 submitted by the petitioners and pass appropriate orders thereon within a period of three months from the date of receipt of a copy of this Order. No order as to costs. N.V.RAMANA, J Dt.03.02.2009 va