IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3221 of 2008 Between: D.Mallaiah @ Dandi Malladu S/o.Rajaiah R/o.H.No.10-8-6, Girmajipet, Warangal. ..... PETITIONER AND The Government of India, rep. by its Dy. Secretary, Ministry of Home Affairs, Freedom Fighters Division, Loknayak Bhavan, Khan Market, New Delhi - 110 011. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ or direction preferably writ of Mandamus declaring the inaction of the respondent in considering the claim of the petitioner for grant of pension under Swatantra Sainik Samman Pension Scheme 1980 by considering his application dt. 2.5.1998 as illegal, arbitrary, contrary to scheme and violative of principles of natural justice and consequently direct the respondent to consider the case of the petitioner for grant of pension under said scheme and grant all consequential benefits with retrospective effect and pass such other or further orders. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondent: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: The petitioner claims to be a freedom fighter eligible for grant of pension under Swathantra Sainik Samman Pension Scheme, 1980. He submitted an application and furnished the necessary documents in the year 2005. So far, the Government of India rep. by its Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, New Delhi- respondent has not passed any orders on his application. Hence, the petitioner approached this Court by invoking the jurisdiction under Article 226 of the Constitution of India. 2. When the writ petition came up for admission, learned Assistant Solicitor General received notice on behalf of the respondent. 3. Heard learned counsel appearing for the petitioner and learned Assistant Solicitor General appearing for the respondent. 4. Learned counsel appearing for the petitioner submits that the petitioner submitted the application along with necessary documents in the year 2005 claiming pension under Swathantra Sainik Samman Pension Scheme, 1980 and the petitioner has not received any response from the respondent. 5. In that view of the matter, I deem it appropriate to direct the Government of India rep. by its Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, New Delhi- respondent, to consider the application of the petitioner for grant of pension under Swathantra Sainik Samman Pension Scheme, 1980, and pass appropriate orders thereon, as expeditiously as possible, preferably within four months from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:09th July, 2008. Note: Issue C.C. with a week. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}