IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26175 of 2008 Between: 1 Sunchu Sailu S/o. Komuraiah R/o. Mulukanoor Village, Bheemadeverapalli, Karimnagar District. 2 Maisa Kanakaiah S/o. Mallaiah R/o. Katrapally, Huzurabad Mandal, Karimnagar District. 3 Gosukula Rajaiah S/o. Veeraiah R/o. Huzurabad Village &Mandal, Karimnagar District. 4 Bommakanti Venkavva W/o. Hanumandlu R/o. Rechapally, Sarangapur Mandal, Karimnagar District. 5 Oruganti Malla Reddy S/o. Ramaiah R/o. Ramulapally, Saidapur Mandal, Karimnagar District. 6 Kethiri Shankunthalamma W/o. Late Malla Reddy R/o. Ramulapally Village, Saidapur Mandal, Karimnagar District. 7 Goli Amruthamma W/o. Goli Veeraiah R/o. Elkathurthy Village & Mandal, Karimnagar District. 8 Mondedla Bhumakka @ Bhoomamma W/o. Late Rajaiah Gatla Narsingapoor Village, Bheemadevarapally Mandal, Karimnagar Dist. ..... PETITIONER(S) AND 1 The Deputy Secretary Government of India, Ministry of Home Affairs Freedom Fighters Division, Loknayak Bhavan, Khan Market, New Delhi. 2 Government of Andhra Pradesh Rep. by its Special Chief Secretary Revenue 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 to issue writ of mandamus or any other appropriate writ declaring the inaction of the respondents in not granting Swathantra Sainik Sanman Pension though State Government recommended for the same as illegal, arbitrary and unconstitutional and direct the respondents to grant Swathantra Sainik Sanman Pension to petitioners. Counsel for the Petitioner:MR.ANJANEYULU CHANDUBATLA 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 respondents in not granting Central Freedom Fighter Pension under Swatantra Sainik Samman Pension Scheme, 1980 (for short “the Scheme”) to the petitioners though the State Government recommended their cases for the same, as arbitrary and illegal and consequently direct the respondents to grant Pension to them. Petitioner Nos.1 to 5 assert that they participated in the Hyderabad Liberation Movement and fought against the Nizam Government in the year 1947-48 and are declared as Freedom Fighters, and petitioners 6 to 8 are their dependents. In the year 2001, all the petitioners made applications to the District Collector, Karimnagar for sanction of Freedom Fighters Pension. The District Collector, after conducting a detailed enquiry and verifying the petitioners’ claims in the light of the guidelines issued by the Government, sent proposals to the 2nd respondent-State Government for sanction of Central Freedom Fighter Pension. Thereafter, the 2nd respondent recommended their cases to the 1st respondent- Deputy Secretary, Government of India for grant of Central Freedom Fighter Pension under Swatantra Sainik Samman Pension Scheme, 1980. Now, the petitioners’ grievance is that though their cases were recommended, the respondents have neither granted Central Freedom Fighter Pension under the Scheme nor taken any steps for grant of the Pension. Heard Sri Ch.Anjaneyulu, learned counsel for the petitioners, Sri A.Rajasekhar Reddy, learned Assistant Solicitor General appearing for the 1st respondent and the learned Government Pleader for Revenue appearing for the 2nd respondent and perused the material placed on record. Once the petitioners are declared as Freedom Fighters, in my considered view, they are entitled to the grant of Central Freedom Fighter Pension under the Scheme. The Scheme is introduced by the Government of India taking various circumstances into consideration such as the struggle that the Freedom Fighters faced in the Hyderabad Liberation Movement. Hence, this Court is inclined to dispose of the writ petition with the following direction: “The 1st respondent-Deputy Secretary, Government of India, is hereby directed to consider the recommendations made by the 2nd respondent-Government of Andhra Pradesh in respect of the petitioners’ cases and release the Central Freedom Fighter Pension to them forthwith as contemplated under the Scheme”. In terms of the above direction, this writ petition is disposed of at the admission stage. No costs. ______________ 01.12.2008 bcj