IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16148 of 2007 Between: 1 Smt. G. Radhamma, W/o. Late Narsinga Rao, R/o. Dharmaram, Parkal Mandal, Warangal District. 2 Nakka Lachamma, D/o. Late Yerraiah, R/o. Dharmaram, Parkal Mandal, Warangal District. 3 Madaraveni Yellaiah, S/o. Late Komuraiah, R/o. Pegudapalli, Parkal Mandal, Warangal District. 4 Smt. Bashika Kumuramma, W/o. Odelu, R/o. Dharmaram, Parkal Mandal, Warangal District. 5 Pidugu Mallaiah, S/o. Late Komuraiah, R/o. Dharmaram, Parkal Mandal, Warangal District. 6 Bashika Odelu, S/o. Rajaiah, R/o. Kantatmakur, Parkal Mandal, Warangal District. 7 Ajmeera Devaiah, S/o. Late Nayak, R/o. Dharmaram, Parkal Mandal, Warangal District. 8 Bachati Mohan Rao, S/o. Ankoos, R/o. Dharmaram, Parkal Mandal, Warangal District. 9 Nakka Mallaiah, S/o. Late Yerraiah, R/o. Vidyaranyapuri, Sammalahanagar, Hanamkonda, Warangal District. ..... PETITIONERS AND 1. The Government of India, Ministry of Home Affairs, rep. by its Secretary, Freedom Fighters Division, Loknayak Bhavan, New Delhi - 110 003. 2. The District Collector, Warangal District, at Warangal. .....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 call for the records from the Respondents herein by issuing a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by directing the respondents to dispose off the applications of the Petitioner for grant of Swathantra Sainik Samman Pension (freedom Fighters) in pursuance of "SWATHANTRA SAINIK SAMMAN PENSION SCHEME, 1980 and to pass such other order or orders Counsel for the Petitioner: MR.P.SRIDHAR RAO Counsel for the Respondent No.1: S.C. for Central Government. Counsel for the Respondent No.2: G.P. for Revenue. The Court made the following : ORDER: This writ petition is filed for issuance of Mandamus directing the respondents to sanction pension to the petitioners under Swathantra Sainik Samman Pension Scheme, 1980 (for short ‘1980 Scheme’). Smt. G. Radhamma has sworn the affidavit filed in support of the petition. It is stated in the affidavit that the petitioners have participated in Hyderabad Merger Movement during the freedom struggle remained underground for more than six months from August 1947 to September, 1948 and also declared as proclaimed offenders. They have submitted applications enclosing 11 documents claiming pension under the 1980 Scheme. Since their applications remained unattended, they choose to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. In the Counter affidavit filed by the first respondent it is stated that the Central Government has constituted a Special Screening Committee in 1983 under the Chairmanship of Shri Govind Bhai Shroff to scrutinize the applications of the persons who claimed sufferings in the border camps during the Hyderabad Liberation Movement spanning the present States of Andhra Pradesh, Karnataka and Maharashtra in the erstwhile State of Hyderabad. Subsequently, it was decided in June 1985, with the approval of the Cabinet, to treat the sufferings in Boarder Camps at par with underground sufferings as defined in 1980 Scheme. Even after the recognition of the Boarder Camp sufferings in the Hyderabad Liberation Movement to be at par with underground suffering for the purposes of pension under the 1980 Scheme, none of the applicants would have qualified for grant of pension as their sufferings could not have been substantiated by the normal evidentiary requirements (primary or secondary) of 1980 Scheme. Paragraph 10 of the counter affidavit reads thus – That the Hyderabad Special Screening Committee (headed by Shri Govind Bhai Shroff) had made an extensive tour of the regions comprising the erstwhile state of Hyderabad with regard to various camps from which the armed struggle was waged. It met the concerned officers of the concerned States, prominent workers of the Hyderabad Liberation Movement and other people before preparing the list of the 98 camps (including 41 in Andhra Pradesh, 37 in Maharashtra and 20 in Karnataka) along with the names of the camp-in-charges. Shri Shroff remained the Chairman of the Committee up to December 1996. Against an estimated number of about 11000 participants of Hyderabad Liberation Movement, the Committee recommended about 7000 cases during its term to whom pension was sanctioned. In December 1996, the Committee was reconstituted under the Chairmanship of Shri N. Giri Prasad, MP (RS). On his death in April, 1997, Shri Ch. Rahjeswar Rao, MLA, Andhra Pradesh was appointed as Chairman. Heard the learned counsel appearing for the petitioner, learned Additional Solicitor General for the first respondent and G.P. for Revenue. Learned counsel appearing for the petitioners submits that the applications submitted to the first respondent remained unattended and therefore, a direction is required to be given to the first respondent to consider the applications in accordance with 1980 Scheme for grant of pension. Learned Additional Solicitor General appearing for the first respondent submits that the petitioners have to submit their applications through the State Government and there upon the State Government has to forward their applications with necessary verification reports. Indisputably, the petitioners have not submitted any applications to the District Collector, Warangal District for grant of pension under the 1980 Scheme. In that view of the matter, the Writ Petition is disposed of with the following directions. 1. Within six weeks from today, the petitioners shall submit their applications to the second respondent with substantive evidence supporting their claim for grant of pension under the 1980 Scheme. 2. Within next six weeks, the Government of Andhra Pradesh shall, after making necessary enquiry, submit its recommendations to the Government of India. 3. If the Government of Andhra Pradesh recommends the cases of the petitioners, then the concerned authority of the Government of India shall scrutinize the same and take appropriate decision within two months from the date of receipt of communication from the Government of Andhra Pradesh. 4. If the petitioners fail to submit requisite documents within six weeks from today, the Government of Andhra Pradesh shall free to close their cases for all times to come. _________________________ (B. Seshasayana Reddy, J.) 16th June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Government of India, Ministry of Home Affairs, rep. by its Secretary, Freedom Fighters Division, Loknayak Bhavan, New Delhi - 110 003. 2. The District Collector, Warangal District, at Warangal. 3. 2 CCs to G.P. for Revenue, High Court of A.P. Hyderabad. (OUT) 4. 2 CD copies. Form-NIC-OGS/WP{SPJS}