PATI KESAVA RAO Vs. SECRETARY, HOME DEPARTMENT

JUDGEMENT

(1.) This writ petition is filed declaring he proceedings of the 1st respondent dated 04.03.1999 in rejecting the application of the petitioner for grant of freedom fighters pension as illegal and arbitrary.

(2.) The averments in brief are that the petitioner was a Freedom Fighter. A scheme was introduced in the year 1972 to grant pension to the freedom fighters. Subsequently, in the year 1990, a modified scheme was introduced by the Government of India imposing certain conditions and required applications from the candidates who are seeking freedom fighters' pension. As per the said requirement, the record if any available with the applicant shall be forwarded to the State Government and the State Government has to conduct an enquiry and send recommendations to the Union Government with the recommendations and upon such recommendations, the Union Government has to consider the case of the applicant and grant pension if the genuineness of the applicant was involved.

(3.) The applicant made an application to the State Government along with the relevant material including all the certificates for the purpose of consideration of the application for pension. But the same was not considered. Hence he filed a writ petition in W.P.NO.8133 of 1995, wherein this court issued directions to the State Government to send a report to the Union Government after conducting an enquiry for further action. Consequent upon the above said directions of this Court, after conducting an enquiry, the State Government sent a report to the Government of India and basing on such report, orders of rejection have been passed.