IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 2422 of 2008 Between: Smt. Lakshmi Devi, W/o. Late Bairu Raghava Reddy, R/o. Peda Kodepaka Village,Parkal Taluk, Warangal District. ..... PETITIONER AND 1 Government of India, Rep.b y its Deputy Secretary, F.F. Division, Ministry of Home Affairs, Loknayak Bhavan, Khan Market, New Delhi. 2 Joint Secretary to Government of India, Ministry of Home Affairs, Lik Nayak Bhavan, New Delhi. 3 Under Secretary to Government of India, Ministry of Home Affairs, Lok Nayak Bhavan, Khan Market, New Delhi. 4 The Deputy Secretary to Government, Government of Andhra Pradesh, Revenue (FF.I) Department, Secretariat, Hyderabad. .....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 issue a Writ, Order, orders, one in the nature of Writ of Mandamus, directing the respondents grant family pension to the Petitioner by restoring the Swatantra Sainik Samman Pension to the Petitioner's late Husband which was suspended vide Proceedings Lr.No. 112/1459/82 FFHC, Dated 12-09-1996 and Lr. No. 112/1500/82-FFHC, Dt. 12-09-1996k with arears till his death i.e., Upto 20-12-2007 and to pass Counsel for the Petitioner:MR.C.VENKAT MALLAREDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO. 2422 OF 2008 ORDER: 01. This Court ordered notice before admission on 8-2-2008. 02. Heard learned counsel for the petitioner and the learned Assistant Solicitor General. 03. This writ petition is filed to issue a Writ of Mandamus, directing the respondents to grant family pension to the Petitioner by restoring the Swatantra Sainik Samman Pension to the Petitioner's late Husband which was suspended vide Proceedings Lr.No. 112/1459/82 FFHC, Dated 12-09-1996 and Lr. No. 112/1500/82-FFHC, Dt. 12-09-1996 with arrears till his death i.e., Upto 20-12-2007 and to pass such other suitable orders. 04. The husband of the petitioner late Bairu Raghava Reddy participated in the Freedom Struggle against the erstwhile Nizam Government and actively participated in conducting public meetings enlightening the injustice caused to the common man and propagated to revolt against the Rule of Nizam and not to pay Land Revenue to the Nizam Government. While things stood thus, an arrest warrant was issued against the petitioner late husband in the year 1947 and in view of the then serious prevailing circumstances the petitioner husband was compelled to go under ground to avoid arrest and to keep the Freedom struggle movement alive participated in so many public meetings satyagrahas and dharnas. 05. The petitioner’s husband undergone weapon training at Chandrapur of Maharashtra State and actively participated in the Freedom Struggle for more than 8 months till the police action is over i.e., in the month of September, 1948 and till the State of Nizam is liberated and joined in the independent Indian Union. 06. It is also stated that in view of the initiative taken by the petitioner’s husband in the Freedom Struggle the Government of India recognized the services rendered by her husband in the Freedom Struggle and awarded Swatantra Sainik Saman Pension in the year 1985 vide orders 112/1459/88-FF Hyderabad cell dated 29-8-1985 with immediate effect from 1-8-1980 and her husband was enjoying the same without any obstacle till February, 1991. 07. It is also further averred that the pension which her husband enjoyed till February, 1991 was suspended in March, 1991 on the allegation by the local M.L.A. that her husband was drawing the pension fraudulently by tampering the records and that her husband never participated in the Freedom Struggle. It is also stated that her husband filed Writ Petition No.13213 of 1991 along with some others challenging the illegal order for stoppage of pension and the same was disposed of by this Court by order dated 18-4-1994 restoring the payment of pension from the date of its stoppage but again her husband’s pension was stopped form October, 1996. 08. It is pertinent to mention that the State filed a Criminal Case in C.C.No. 281 of 1993 on the file of I Additional Munsiff Magistrate, Warangal against her husband and 13 others and her husband who was A-14 in the said C.C.NO.281 of 1993 on the file for filing fabricated documents and drawing Swantantra Sainik Samman Pension has acquitted and thereupn the State preferred an Appeal against the acquittal before this Court in Crl.A.No.725 of 2001 and this Court by order dated 28-2-2005 dismissed the appeal and upheld the order of the lower Court. 09. It is also averred after winning a lengthy legal battle her husband made several representations to the authorities concerned to restore his pension together with the arrears enclosing the copies of Court orders but all went invain. He also issued a legal notice to the concerned authorities on 10-12-2007 and died on 20-12-2007 leaving herself as legally wedded wife and entitled to family pension together with arrears to which her late husband is entitled. 10. It is also averred that while granting Swatantra Sainik Samman pension to her husband by the Government of India in its proceedings no.112/1459/88-FF Hyderabad Cell, dated 29-8-1985 also made a mention in para 3 of the order that he may entitled to family pension in the event of her husband’s death which clearly shows the bonafides in the subject matter. 11. It is further stated that after the acquittal of her husband in the charges framed against him in the Munsiff Court and on Appeal to this Court, the 1st respondent called for the comments from the 4th respondent for restoration of her husband’s pension and the 4th respondent forwarded the same to the District Collector and the District Collector has recommended for the restoration of her husband’s pension vide his proceedings in Rc.No.C6/8664/99, dated 3-7-1999 and the 4th respondent by letter dated 7-8-1999 requested the 3rd respondent to regulate pension of her late husband and not regulating the pension of her late husband is highly irregular and against the principles of natural justice. 12. In such circumstances, the writ petitioner approached this Court. 13. In the light of the proceedings Rc.No.C5/8664/99, dated 3-7- 1999 and the letter of the 4th respondent, dated 7-8-1999 the third respondent is expected to take an appropriate decision in this regard at the earliest point of time. But, however, for the reasons best known the third respondent is not taking any action. In the light of the facts and circumstances, let the third respondent consider the case of the petitioner and take appropriate decision in this regard, in the light of the proceedings referred to supra within a period of six weeks from the date of receipt of this order. 14. The writ petition is disposed of accordingly. No order as to costs. ____________________ Justice P.S.Narayana 29th February, 2008. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO. 2422 OF 2008 29th February, 2008.