IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3743 of 2009 Between: 1 Penala Nagaiah, S/o. Nandaiah, R/o. Mulkanoor Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 2 Voosakoila Venkatesham, S/o. Mallaiah, R/o. Gatlanarsingapur Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 3 Smt. Ponnala Kamala, W/o. Ponnala Raji Reddy, R/o. Vangara Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 4 Kotha Veeraiah, S/o. Sai Reddy, R/o. Gouravelli Village, Husnabad Mandal, Karimnagar District, A.P. 5 Konda Chinna Mallaiah, S/o. Yellaiah, R/o. H.No. 21-15, Office Road, Husnabad Mandal, Karimnagar District, A.P. 6 Mohd. Lal Mohammad, S/o. Peera Mohammad, R/o. Jangaon Village, Husnabad Mandal, Karimnagar District, A.P. 7 Veldandi Chandraiah, S/o. Ramakistaiah, R/o. Cherla Thota Palli Village, Husnabad Mandal, Karimnagar District, A.P. 8 Vanga Shanthamma, W/o. Vanga Komuraiah, R/o. Mulkanoor Village, Bheemadevarapally Mandal, Karimnagar District, A.P. 9 Ponnamaneni Kishan Rao, S/o. Narayana Rao, R/o. Huzurabad Village & Mandal, Karimnagar District, A.P. 10 Pasula Rajaveeru, S/o. Rajaiah, R/o. Huzurabad Village & Mandal, Karimnagar District, A.P. 11 Sollu Laxminarsu, S/o. Rajamallu, R/o. Huzurabad Village & Mandal, Karimnagar District, A.P. ..... PETITIONER(S) AND 1 The Government of India, Rep. 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 & Mise), Ministry of Home Affairs, 2/10, Jamnagar House, New Delhi-1. .....RESPONDENT(S) 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 to issue a Writ, order or direction, more particualrly one inthe nature of Writ of Mandamus, declaring the action of the 2nd Respondent in not granting the pension from the date of their applications under Swatantrate Sainik Samman Scheme 1980, sanctioned to the Petitioners inspite of the reorientations dated 06-08-2008 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 teh 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 Counsel for the Petitioner:MR.CHALLASIVASANKAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 2nd respondent in not granting pension under Swatantrata Sainik Samman Scheme 1980, sanctioned to the petitioners in spite of the representation dated 6.8.2008 submitted by the petitioners, as arbitrary and illegal, and consequently direct the respondents to sanction the pension to the petitioners from the date of their representation including the arrears of the pension and with all consequential benefits. When the matter is taken up for hearing, the learned counsel for the petitioners have 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 14.5.1993 with a direction to the respondents to consider the representation submitted by the petitioners and also produced the order passed by this Court in W.P. No. 12451 of 2008. Having perused the said order passed by this Court and in view of the submissions made by the learned counsel for the petitioners, this Court is of the opinion that this writ petition can be disposed of at the stage of admission. Accordingly, this writ petition is disposed of at the stage of admission directing the 2nd respondent-Under Secretary to Government of India, to consider the representation dated 06.08.2008 submitted by the petitioners and pass appropriate orders thereon, within a period of six weeks from the date of receipt of a copy of this order. No costs. ______________ N.V.RAMANA, J 26th February, 2009 Note: Furnish copy in two days B/o bcj