P.S. PERIAIAH Vs. THE GOVERNMENT OF INDIA

JUDGEMENT

(1.) The Petitioner has approached this Court seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings of the second respondent in Mu.Mu.No.86785/2008/Y-4, dated 24.12.2013 and to quash the same and to direct the respondents to pay Suthandra Sainik Samman Pension to the Petitioner within the time stipulated by this Court.

(2.) The Writ Petition was originally filed by one Periaiah, aged about 91 years. Pending disposal of the Writ Petition, the Petitioner died on 8.6.2014. On the death of the original Petitioner, the present Petitioners have been impleaded as legal heirs of the deceased sole Petitioner.

(3.) The said Periaiah was a freedom fighter and was imprisoned at Alipuram Jail at Bellari in Karnataka State during the period from 5.1943 to 15.1946 for participating in the Quit India Movement Struggle. In recognition of his participation in the freedom struggle, the State Government had granted the Freedom Fighters Pension and he also received the same till his death. The first respondent has also floated a Scheme called Suthandara Sainik Samman Pension Scheme(hereinafter called the ''scheme'') which was brought into force on 1.8.1980. The said Periaiah had applied for grant of pension under the above scheme and according to him, necessary certificates were also submitted for consideration. However, without considering the application of the said Periaiah, the second respondent forwarded the decision of the first respondent rejecting the claim on the ground that no proper certificates were enclosed, which was conveyed by communication, dated 24.12.2013, which communication is impugned in this Writ Petition.