THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.19908 of 2006 Date : 1-2-2008 Between: Medepalli Pullaiah s/o.Venkatnarayana and others .. Petitioners and The Government of India, represented by its Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, Lokhnayak Bhavan, New Delhi and another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.19908 of 2006 ORDER: 1. Heard the Counsel. 2. The Writ Petition is filed for a Writ of Mandamus declaring that the acts of the respondents in not considering the representations of the petitioners and in not awarding pension under Swatantra Sainik Sanman Pension Scheme,1980 as illegal, arbitrary and against the legal and fundamental rights guaranteed under the Constitution of India and consequently to direct the respondents to consider the representations of the petitioners and award pension to the petitioners under the aforesaid scheme and to pass such other suitable orders. 3. It is averred in the affidavit filed in support of the Writ Petition that the Government of India had formulated a scheme to provide pension to the eligible freedom fighters i.e., Swatantra Sainik Sanman Pension Scheme 1980 and all the petitioners are the freedom fighters participated in the freedom struggle and fought against the Nizam Rule and participated in the freedom movement during 1947-48 for liberation of the Nizam State and its merger into the Indian Union. Further it is averred that the petitioners are entitled for getting pension from the Government of India and as such had submitted application for getting pension and the petitioners also submitted the required documents under the aforesaid scheme, but as on today, the petitioners were not granted pension and they had not heard anything from the respondents. It is further averred that a news item had appeared in Eenadu Telugu Daily, Khammam edition dated 8-9-2006 that the political sufferers who had applied for pension are informed that they have to appear before the 2nd respondent between 3 to 5 p.m. on 11-9-2006 to 14-9-2006. The said information had also been announced through Radio and Television. Some of the petitioners had contacted and came to know that only persons who had filed Writ Petitions are entitled to appear but not others. The petitioners had applied for getting pension long back i.e., on 23-12-1997 and hence the non-calling of the petitioners for enquiry is much against the law. It is further averred that the petitioners were with Yachavadapu Varadareddy at Peddaram camp, Thiruvur Taluq and they were in open jails and some of the petitioners were informs and participated in dharnas. Some of the petitioners were lathi-charged by the Nizam Police and criminal cases also had been registered against them. The petitioners also actively participated against continuation of Nizam Government and had also caused damage to the property of the Nizam Government Railway, hoisted National flags on Schools and Government offices and urged the public not to pay taxes to the Nizam Government etc., for the purpose of getting the Hyderabad State merged with Union of India. All the petitioners are entitled for getting Pension as per the scheme formulated by the Government of India. The petitioners’ camp leader Yachavarapu Varada Reddy also had issued certificates to the petitioners showing participation in the freedom struggle. It is also further averred that the respondents, even as on today, had not chosen to consider the cases of the petitioners for awarding pension under the aforesaid scheme and debarring the petitioners from appearing before the 2nd respondent will cause irreparable loss and grave hardship to them. The respondents are duty bound to consider the cases of the petitioners and non-considering the cases of the petitioners as on this day affects their legal and fundamental rights guaranteed under the Constitution of India. It is also further averred that the petitioners are more than 75 years old and could not approach this Court previously for the reason that the petitioners are expecting that the respondents will grant pension to them. But, to the surprise of the petitioners, as per the news item, the petitioners were not called by the 2nd respondent for verification of their representation. The non-filing of petition by the petitioners previously is neither willful nor wanton but due to the circumstances aforesaid and as such there are no laches in approaching this Court for getting the relief. The petitioners are suffering from both the ends and struggling a lot without having proper support. In the event the petitioners are granted pension, the same will be great relief to them at their old age. 4. In the counter affidavit filed, the background of the case had been referred to and it is specifically stated that claim of Central Sanman Pension can be considered by the Central Government only when they are duly verified and recommended by the State Governments/Union Territory Administration concerned in accordance with the provisions of the Scheme. As per the Scheme, the verification and recommendation report of the State Government is mandatory in view of the fact that the evidence of the claims are in the possession of the State Governments/Union Territory Administrations concerned and not of the Central Government. However, it is stated that the Central Government has to keep all the documents/reports/evidence in view and take a decision strictly in accordance with the eligibility criteria and evidentiary requirements of the Central Scheme. A positive recommendation of the State Government is therefore not binding on the Central Government if the claim does not satisfy the eligibility criteria and the evidentiary requirements prescribed in the Central Scheme. It is also further stated that the persons who consider themselves eligible for Sanman Pension under the Scheme and desire the Samman Pension should apply in duplicate on the prescribed application form. The application duly filled in and supported with the required documents as proof of claim of suffering should be sent to the Chief Secretary to the State Government/Union Territory Administration. However, claims can be processed by the Central Government only on receipt of verification and entitlement to pension report from the State Government/Union Territory Administration concerned. Therefore, no action is possible on the applications sent directly to the Central Government without routing the same through the State Government/Union Territory Administration concerned. In reply to the averments in the Writ Petition it is stated that no previous application or State Verification Report in respect of the petitioners is traceable on the records of the Ministry and therefore the 1st respondent is not in a position to give any comment on the claims made in the Writ Petition. In the absence of the applications of the petitioners and the Stage Government’s Verification Reports regarding their claims, the question of consideration of their claims by the Ministry does not arise. 5. In the light of the specific stand taken in the counter affidavit, liberty is given to the writ petitioners to make appropriate applications before the State Government in accordance with Law and in the event of such applications being made with the requisite documents and enclosures, the State Government may consider the same further in accordance with Law. Except making this observation, no further positive directions can be granted. 6. The Writ Petition is accordingly disposed of. No costs. _________________ Justice P.S.Narayana Date : 1-2-2008 AM