✦ High Court of India · 10 Apr 2025

High Court · 2025

Case Details High Court of India · 10 Apr 2025
Court
High Court of India
Decided
10 Apr 2025
Bench
Not available
Length
1,058 words

Acts & Sections

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue appropriate writ, order or direction, more particularly, in the nature of writ of Mandamus declaring the action of the respondents 1 and 2 in not granting pension to the petitioner under swatantra Sainik sanman scheme, 1980 despite orders passed by this Hon ble High Court in W.p.No.2B46 of 2008, dated 20.08.2008, as illegal, arbitrary, violation of Articles 14, 19 and 2.1 of the constitution of lndia and against to the provisions of swatantra sainik sanman Scheme 1980 and violation of catena of Judgements passed by Hon ble Supreme court as well as Hon ble High courts and consequenfly direct the respondents j and 2 to sanction pension to the petitioner forthwith. i i Ij I IA NO: 10 F20 25 J.;J, H J tr#.i::i:, f ;' ii r?"'J:,,;!',i5' L * : i c u m s ta n ce s s r a ted i n t ".?['tr [i*$,*hri?.-.r:r.;f nf sjrl."li;,*-,*iliit+iff :d::[f rrg orspo.;al of the above writ Counsel for the petitioner : SRl. KADARU PRABHAKAR Rl\O 38il?'-? 36ilr1*""o""dents 1 & 2 : GAD' Counsel forthe Respondents : NO. 3 AND 4 Gp FOR REVEAIUE The Court made the following: ORDER KUMAR(sr. sc FoR 'RAVEEN ,/,t THE HONOURABLE SRI .IUSTICE N.V.SHRAVAN KUMAR I Writ Petition No.9O57 of 2o25 ORDER: This writ petition has been filed to declare the action of the respondent Nos.1 and 2 in not granting pension to the petitioner under Swataltra Sainik Salman Scheme, 1980 despite orders passed by this Court in W.P.No.2846 of 2OO8 dated 20.08.2008 as illegal and arbitrary artd consequently direct respondents to sanction pension to the petitioner forthwith.

2. Heard learned counsel for the petitioner and Ms.N.V.R.Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India for respondent Nos. 1 and 2 and Mr.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.3 and 4.

3. Learned counsel for the petitioner submits that the Government of India had introduced a scheme on 15.08.1972 to sanction pension for freedom fighters, if they were not alive, to their family members. It is submitted that the father of petitioner has participated in freedom struggle, Hyderabad Liberation Movement and imprisoned in Centra,l Prison, Warangal and Secrerarlar EtlJlI\.Ill rq5, I ly\Jer svsv

5.- - \ expired in the year 19g1. Thereafter, the mother of petitioner has filed application for grant of freedom fighter F,ension. However, the same has not been consiclered by the respotrdent authorities. Earlier, a writ petition has also been filed b y mother of the petitioner in W.p.No.2g46 20OB seeking for sarction of pensron under SSSp scheme. The same has I een disposed of with a direction to respondents to consider the application within a period of three months. However, the sa ne has not been complied with by the respondent authorities. Th:reafter, mother of petitioner also expired on 16.O1.2072. Accord ingly, petitioner herein has made representations on 02.O9. 2022 lnd LS.O3.2O2S for grant of freedom fighter pension. As there wi.s no response, the present writ petition is filed.

4. Though various grounds are rajsed in th: writ petition, learned counsel for the petitioners restricts his pr ayer seeking a direction to respondent authorities to dispose of the petitioners, representation dated ,15.O3.2025 in a time bound period.

5. Learned stancling counsel for respondent Nos. r and 2 and learned Assistant Government pleader lor Revenue appearing on behalf of respondent Nos.3 and 4 sr_rbmits that if the said representation is still pending for consrileration, the t ElLr --7 J i \ respondent authorities may be directed to dispose of the 15.03.2025 arrd Pass petitioner's representation' dated appropriate orders in accordance with law

6. In view of the submission made by the learned counsel on either side and without going into the merits of the case' this writ petition is disposed of directing the respondent authorities to dispose of the petitioner's representation' dated 15'03'2025 and pass appropriate orders strictly in accordance with law' as expeditiously as possible' preferably within a period of four (04) weeks from the date of receipt of a copy of this order and also the Petitioner and grr. a fair opportunity of hearing to communicate the same to the petitioner'

7. Accordingly this writ petition is disposed of' Miscellaneous applications' if any pending' shall stand closed. However, there shall be no order as to costs' D l ,u#/*toiBllffi / /TTRUE COPY// SECTION OFFICER To, n of lndia' Division N Ministry of Home Affairs/Grih ew Delhi 2 ecretary ,Unio edom Fighters e PrinciPal S ntralaYa Fre

1. Th Ma The Under Secretary ' F elhi-1 '1000 3 D The Princip al Secretary Secretariat Buil dings, H yd erabad.

3. Union of lndia' Ministry of Home Affairs/Grih MantralaYa reedom Fighters Diviiion l st Floor' Lok NaYak Bhawan Khan Market, New State of Telangana Revenue (FF) Department ::i::,. , . -: -t'-]':*tti.:,ri:r: - 7

4. The District Collector, Warangal District. 5. One CC to SRl. KADARU PRABHAKAR RAO,Advocale. tOpUCl 6. One CC to SRI. cADl PRAVEEN KUMAR,(Sr. SC FOF CENTRL GOW) Advocate. [OPUC]

7. Two CD Copies B. One Spare Copy \ GJPV '.i..:rtaai.,,.,: I \ I t I HIGH COURT DATED:10/0412025 ORDER WP.No.9057 of 2025 _- -:: .:..\ : S ,,1 ,_. --\ 'o^\ 2\\ . ( ''.(, tul.l zffi ],i ..i. ,, .:) () I I 12 I [)i:S, .r-r,',\ir-'- -1- DISPOSING OF THE WRIT PETITON WITHOUT COSTS. \l 6 ),{-

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