C VENKAT REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ Petition (C) No. 403 OF 2006 filed under Article 32 of the Constitution of India, 1950 (in short the 'Constitution') has been filed by 25 petitioners claiming to be freedom fighters. They make a grievance that they had applied for freedom fighters' pension under the Swatantrata Sainik Samman Pension Scheme, 1983 (in short the 'Scheme') but there has been denial of the pension without any reason. It is stated that several special screening committees constituted by the State have favourably recommended their cases but nothing concrete has been done and the State Government also has shown little interest in the matter. Similarly in Writ Petition No. 46 of 2006, 32 persons have made similar grievance. In each of these cases, the claim is that the petitioner suffered imprisonment as a part of the freedom fight and therefore is entitled to the pension.

(2.) Learned counsel for the Union of India and the Government of Andhra Pradesh have filed details and have stated that so far as the Writ Petition No. 403 of 2002 is concerned, after a preliminary verification it was noted that 22 cases were found to be genuine cases and have been recommended. In case of one Sh. Narayana Reddy, it was found that he was under age as on March, 1947 and he was not entitled to any benefit. It was also noted that two others namely Sh. K.J. Shiva Nagaiah and Smt. Gangamma are dead and therefore the question of making any recommendation does not arise. It is stated that on the basis of the orders passed by this Court, 22 persons found to be prima facie genuine are being paid pension with effect from 1.4.2002. This position is accepted by learned counsel for the petitioners.

(3.) The object of the scheme was highlighted by this Court in Mukundlal Bhandari vs. Union of India and others (AIR 1993 SC 2127).