More Vijaya Laxmi v. paying/gifting the pension is illegal

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to grant and pay the monthly pension every month, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SANGEM SRINIVAS REDDY Counsel for the Respondent No.1: M/s. NVR.RAJYA LAKSHMI, SC FOR Counsel for the Respondent Nos.2 & 3: GP FOR REVENUE CENTRAL GOVT. The Court made the following: ORIIER THE HONOURABLE SRI JUSTICE II.V.SHRAVAN KUMAR WRIT PETITION No. 43973 of2016 ORDER: This writ petition has been filed seekinq the following prayer:- "to decLare the action of tle respon'detlts in not granting and. paging the pension is illegoi, arbitrary Lnd- r,iainst't/r- pinciples of natural jtt:ttice and furthei d.irect the respondents to grant ar'.c pag tte -pension immediatelg along with all arreat s from the date of the ScLeme 1980.'

2. Brief facts stated in this writ petition art: that petitioner claims that her father Sri.More Rama Rao, was lieedom fighter who fought f<rr the merger of Nizam State into kdian union' It is the case of the petitioner that Sri.More Rama R'ir'c', is entitled for freedom fighter's pension under Central Schenre, Swathantra Sainik Samman Pension Scheme 1980 and urde application bearing No 112l4378 184 IFFIHC(DI, petitionrrl's father had applied for lreedom hghter's pension in the "'ear 1984' On 2l .O4 .2OO3, petitioner's father received letter, 'r"herein he was directed to furnish certain documents in four s':ts ald the same was furnisbed to the respondent authoritie s However, On

18.10.2003, petitioner's father expired and her :rother Smt More Sushila being legal representative applied for fr-eedom fighter's 2 family pension. Pending the same, petitioner,s mother expired on 20.03.2016. Further case of the petitioner is that as per Rule 3 of the rules framed under the scheme 19g0, petitioner is entitled for family pension, thus, the petitiloner on 0Z.09.2016 and 27 .09.2016 made representations and requested respondent No.3 to grant arrears and freedorn frghter,s family pension to the petitioner. However, the same is not considcred. Aggrieved by the same, this writ petition is frled.

3. l.earned counsel for thc petitioner submits that neither the petitioner's father Late Sri More Rama Rao nor her mother late Smt More Sushila was granted freedom fighter,s pension and after their death, petitioner being unmarried and mentalll. ilt health, applied for family pension, the same is also kept pending. Hence, pray this Court to direct the respondent authorities to consider the case of tl.e petitioner and pay arrears of freedom fighter's pension and dependent family pension to the petitioner.

4. Learned standing counsel .for Central Government submits that counter is hled on behalf of respondent No.I, wherein it is stated that the samman Pension to freedom fighters is regulated under the provisions of the Swatantrata Sainik Samman pension Scheme, 198O and the guidelines issued thereunder from time ro 3 time including the Revised Policy Guidelines issued under F.No.45/03/2014-FF (P) dated 06.08-2014. ]-e;uned standing counsel has drawn attention of this Court to Palagraph No' 1'5 of F.No.45/03/2014-FF (P) dated 06.08.2014, the sarne is extracted hereunder:- " 1.5 Sanctton of penslon after the deatt\_of Freedom Fiqhter:- No pension shaLl be sanctioned in tle name 1'the freedom fighfer afier his/ her death euen if his/ ler ma'.tt?r raas under -eiamination. Tlis also entails that no life hnte arrears or d.epend.ent pension slLall be sanctione': to his/ ter spouse/ daughter after tle deatlt of tte freedo. ' fighter."

5. Learned standing counsel has also draw: ,lttention of this Court to copy of the Joint photograph of freedore fighter spouse and eligible dependent(s), wherein petitioner''s; father clearly stated that eligible dependents as 'NIL'. learned standing counsel further submits that in view of the rruagraph No.1'5 issued under F.No. SlO3/20i4 FF (P) dztr)d 06.Oa.2Ol4, petitioner is not eligible lor dependent famii'; pension as her father late Shri More Rama Rao was not grantoc freedom fighter pension during his life time and eventually llrrry this Court to dismiss the r.r.rit petition.

6. Heard learned counsel lor the petitioner e:rd Ms.NVR Rajya Lakshmi, Iearned standing counsel for Cerrtral Government t I 4 appearing for respondent No.1 and Ms.T.Swetcha, learned Assistant Government Pleader for Revenue appea_ring for respondent Nos.2 ald 3 and penlsed the material available on record. 7 . Upon perusal of material available on record, it is noticed that petitioner's father was not granted freedom fighter pension and as per paragraph No. 1.5 of the guidelines issued under F.No.aSl03/2014-FF (P) dated 06.08.2014, when the petitioner,s lather was not granted freedom fighter pension, the petitioner is not entitled for grant of life time zurears or dependent pension scheme. Hence, this Court do not find any merits in the writ petition and deems it appropriate to dismiss the sarne.

8. Accordingly, this writ petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. However, there shall be no order as to costs //TRIJE COPY// s A. .S.GOWRI SHANKAR ISTANT REGISTRAR ION OFFICER I t To 1 2 3 4 PSK. TKS One CC to SRI SANGEM SRINIVAS REDDY, Ad One CC to [vl/s. NVR.RAJYA LAKSHMI, SC FO R Two CCs to GP FOR REVENUE, High Court for the State of Telangana' at Hyderabad. [OUTI Two CD Copies IoPUCI RAL GOVT. IOPUC] NT z HIGH COURT DATED:1410712025 ORDER WP.No.43973 of 2016 DISMISSING THE WRIT PETITION WITHOUT COSTS v I / /1 I CII 2925 )