HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.16881 of 2005 Date : 11-2-2008 Between : Madhira Subba Reddy s/o.late Ranga Reddy and another .. Petitioner and The Deputy Secretary to Government of India, Ministry of Home Affairs, Loknayak Bhavan, New Delhi and 2 others .. Respondents HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.16881 of 2005 ORDER: 1. Heard the Counsel. 2. The Writ Petition is filed for a writ of mandamus declaring the action of the respondents in not placing the application of the petitioners 1 and 2 before the Screening Committee for consideration of Central Freedom Fighters Pension as illegal and arbitrary and against the principles decided by the Apex Court and to direct the 1st respondent to place the application of the petitioners 1 and 2 for grant of Central Freedom Fighters Pension and to pass such other suitable orders. 3. It is stated that the petitioners participated in the National movement against the British Government and also against the Nizam Government in 1947-1948 and suffered a lot in participating in the National Freedom Struggle and also against the Nizam Government. It is further stated that the Government of India introduced Central Freedom Fighters Pension Scheme in 1972 and subsequently revised with Swathantra Sainik Pension Scheme in 1980 calling applications from all the Freedom Fighters for grant of Central Freedom Fighters Pension. It is also further stated that on the call given by the State Congress Committee during the year 1947-1948 for the merger of erstwhile Hyderabad State in the Indian Union, the petitioners had taken active part and the petitioners hoisted National flat on school building of their village and neighbouring villages. The petitioners worked in the main camp at Repalle village under the leadership of Sri Kodati Narayana Rao and a Sub-Camp at Nelamarry was functioning under the leadership of Sri Routh Rajeshwar Rao. The petitioners joined the camp at Nelamarri during the month of October 1947 as soon as the camp was opened and worked till the end of police action i.e., 17-9- 1948 and during the aforesaid period they fought bravely against the Nizam Police and Union of India. It was further stated that the 1st petitioner was trained by ex- military man Sri Sabbu Lakshma Reddy along with Sri Tippanna China Krishna Reddy, ex-MLA Miryalaguda under the leadership of Sri Routh Rajeshwar Rao. The petitioners also worked as underground worker organizing Congress propaganda by enthusing people against the Nizam Government and took part in felling toddy trees, seizing the village officers’ records, paralyzing the communications, arresting the movement of the Razakars, Nizam Police and freezing the source of income to Nizam State and under the leadership of Sri R.Rajeshwar Rao, the petitioners attacked the Razakars camp at Indloor village. It is also further stated that the petitioners joined the agitation and worked till the end of Police action i.e., 17-9-1948 for the merger of Hyderabad State into Indian Union under the able leadership of Sri Kodati Narayana Rao. In the said camp, the petitioners were trained by Sri Sabbu Laxma Reddy, ex-military man under the organization of Sri Ani Reddy Ranga Reddy to use the fire arms. Under the organization of Anireddy Ranga Reddy, their Dalam worked against the Nizam Government police and Rajakars propaganda in the village. It is also further stated that under the organization of Anireddy Ranga Reddy and under the guidance of Sri Kodati Narayana Rao who was the Chief in-charge of border camps participated in seizing the V.Cs., records, paralyzing the communications to arrest the movement of Nizam Police Rajakars and heavy food grain lorries and freezed the sources of income to the Nizam Government. The said dalam under the leadership of Sri Kodati Narayana Rao and under the organization of Anireddy Ranga Reddy attacked on the Rajakars camp at Indloor in December 1947 and also attacked on Penpahad police station. When the Penpahad Police tried to round them up while the petitioners were returning from Nereducharla village, with great difficulty by pelting stones on the police, they escaped successfully and later police arrested the petitioners and kept them in jail. It is further stated that the persons who participated in the said movement along with the petitioners were sanctioned Freedom Fighters Pension i.e., Sri Julakanti Raghava Reddy and one Sri Chintha Reddy Peddi Reddy of Suryapet long back. Though the petitioners worked along with the abovesaid persons the respondents did not grant the same benefits to the petitioners which is illegal, arbitrary and discriminatory and against the principles of natural justice. 4. In the counter affidavit filed by the respondents 1 and 2, the background of the case had been referred to in detail and the procedure to be followed also had been specified at length. While answering paras 4 and 5 of the affidavit, it was stated that no State verification reports in the case of petitioners had been received by the 1st respondent-Ministry. The petitioners have not indicated the details of furnishing of their applications nor of forwarding of the verification reports in their cases by the State Government and therefore the 1st respondent is not in a position to give any comments on the claims made by the writ petitioners and the onus of proving the facts rents on the petitioners. Further, while generally denying the contentions in para-6, it was stated that as per the available records the application of Sri Julakanti Raghava Reddy was rejected as the same was not recommended by the Hyderabad Special Screening Committee chaired by Sri G.M. Shroff and his case was recommended by the subsequent committee under Ch.Rajeshwara Rao. However, the verification report of the State Government in his case is still awaited. Further, pension had been sanctioned to Smt.Chitti Reddy w/o.late Peddi Reddy as a case recommended by the HSSC. It is specifically stated that the cases of the petitioners are not similar to the aforesaid two cases and the cases of the petitioners were not considered and recommended by the Special Screening Committee and the cases of the petitioners needs the processed in accordance with normal cases of underground sufferings. While denying the averments in paras 7 and 9, it is stated that no Screening Committee is in existence now and further it is stated that after the work of the Committee which existed upto May 1998 was over, it passed a resolution that all the eligible cases had been considered and therefore the question of consideration of the cases of the petitioners by the Screening Committee does not arise. Further, specific stand had been taken that the 1st respondent is willing to consider the names of the petitioners as per law and as per the provisions of the Scheme on receipt of their applications with requisite supporting documents and verification and entitlement to pension report of the concerned State Government. 5. In the counter affidavit filed by the 3rd respondent, in para-3 it is stated that it is a fact that on the verification report of the District Collector, Nalgonda along with the material papers, the case of the petitioners had been forwarded to the Government of India vide State Government Lr.No.45407/FF.II(2)/06 dated 3-11-2006 with a request to take necessary action in the matter. It is also stated that according to the rules in force of the Scheme, the Government of India alone is competent either to sanction or reject the Freedom Fighter Pension under Central Scheme. 6. On a careful analysis of the submissions made in the counter affidavit of the 1st respondent and the counter affidavit of the 3rd respondent, in a way conflicting versions had been given. It is needless to say that when the 3rd respondent is taking a specific stand that based on the verification report of the District Collector, Nalgonda, along with material papers, these cases had been forwarded to the Government of India, it is for the Government of India – 1st respondent to take appropriate action in this regard. In the light of the same, the Writ Petition is disposed of directing the 1st respondent to consider the cases of the writ petitioners in the light of the specific stand taken by the 3rd respondent that the relevant papers already had been furnished, within a period of six weeks from the date of receipt of this order. It is also needless to say that the 3rd respondent also is at liberty to forward the papers again in the event of need, forthwith and this observation is being made by this Court in the light of the specific stand taken by the 1st respondent. 7. The Writ Petition is accordingly disposed of. No costs. _________________ Justice P.S.Narayana Date : 11-2-2008 AM