SUBHADRABAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India for a writ of mandamus directing the respondent authorities to grant Swatantrata Sainik Sam- man Pension to the petitioner. The petitioner, applied for grant of pension vide her application dated 21.1.1999. The case of the petitioner is that her late husband participated in the freedom movement and went through underground sufferings for a period exceeding six months and as such she is eligible for grant of the pension under the above scheme.

(2.) The petitioner has produced documents recording his arrest under Rule 153 (h) and (J) of the Hyderabad Security Act, A communication from the Tehsildar to the police Sub-Inspector of Patoda records, petitioner and several other persons were arrested. The petitioner and others arc slated to have escaped in the commotion which followed the firing by the Hind Union Police on the Mr/am Government Police. The communication records that warrants for the offences committed under Section 153 (h) & (j) of the Hyderabad Security Act, were issued against the petitioner and others, returnable within 9 months. Further that an award of Rs. 200.00 per head was kepi for the arrest of the absconding persons including the petitioner.

(3.) Learned counsel for the petitioner urges thai in view of the issuance of the warrants of her husband's arrest returnable within 9 months, the petitioner perforce had to remain underground for the said period. As per the counter affidavit filed by the respondents they had requested the State Government to furnish their verification- cum -entitlement report as for back as on 20,10.1999, but the same had not been received. It was submitted that Final decision should be taken after receipt of the report.