IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6233 of 2002 Between: Durga s/o. Saviga Aged about 73 yrs, Occ: Freedom Fighter, R/o. Kusangi Village, Andole Tq., Medak District. ..... PETITIONER AND The Secretary to government Revenue (F.F. Wing) Department, Secretariat, Hyderabad. .....RESPONDENT Counsel for the Petitioner : Sri K. Lakshmana Chary Counsel for the Respondent : AGP for Revenue The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6233 of 2002 ORDER: This Writ Petition is filed for a Mandamus to declare withdrawal of freedom fighters’ pension by the respondent as illegal. Heard Sri K. Lakshmana Chary, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondent. The petitioner is a freedom fighter and was sanctioned freedom fighters’ pension under the State’s scheme at Rs.2,000/- per month with effect from 06.03.1978 vide G.O.Ms.No.4351 Revenue (FF-III) Department, dated 15.09.1980. The said pension was withdrawn in the year 1981. Purportedly on the ground that G.O.Ms.No.4351, dated 15.09.1980 was amended by G.O.Ms.No.714, dated 01.05.1981 to the effect that only those persons, who remained underground for not less than three months, are eligible for freedom fighter pension under the State’s scheme, the pension has been withdrawn by the impugned proceedings. The plea on which the withdrawal of pension has been questioned by the petitioner is that G.O.Ms.No.714 cannot be applied retrospectively in order to take away the right of the petitioner which already came to be vested in him. At the hearing, the learned counsel for the petitioner placed reliance on the order of this Court dated 22.09.2005 in WP.No.2876 of 1992, wherein this Court, following its earlier order dated 18.09.1995 in WP.No.13588 of 1990, held that G.O.Ms.No.714, dated 01.05.1981 is prospective in operation and the pension, which was already sanctioned under the previous G.Os., cannot be annulled by the said G.O. The learned Assistant Government Pleader for Revenue did not dispute the fact that the issue raised in this writ petition is squarely covered by the abovementioned orders of this Court. She, however, argued that the writ petition suffers from laches, because the pension was withdrawn as far back as the year 1981 while the petitioner fled this writ petition almost 21 years later. Sri K. Lakshmana Chary, learned counsel for the petitioner, submitted that on coming to know about the abovementioned orders of this Court on the interpretation of G.O.Ms.No.714, the petitioner approached the respondent to extend the same benefit to him and that as the respondent has not heeded to the said request, the petitioner filed this writ petition. The learned counsel invited my attention to the averments contained in para 10 of the affidavit in this regard and submitted that in the abovementioned process, the delay occurred. Ordinarily, a person should be diligent in pursuing his rights. Undoubtedly, G.O.Ms.No.714 was issued on 01.05.1981 and the pension was withdrawn immediately thereafter. The petitioner therefore should have approached this Court within a reasonable time. Therefore, it cannot be gainsaid that the petitioner was not diligent in approaching this Court. But the fact that the petitioner is a freedom fighter and he belongs to a poor section of the society cannot be lost sight of. While applying the settled legal position on laches, the writ petition ought to be dismissed, but, having regard to the status of the petitioner as freedom fighter and his poor financial position, I am of the view that interests of justice would be met if the petitioner is denied the arrears of pension accrued till he filed the present writ petition. Accordingly, the writ petition is allowed by setting aside the impugned G.O. The respondent is directed to restore payment of pension to the petitioner in terms of G.O.Ms.No.4351, dated 15.09.1980 along with arrears from the month of April, 2002. The arrears shall be paid within a period of three months from today. ______________________________ (C.V.NAGARJUNA REDDY, J) Date: 25.09.2009 ES