NALLAMALA MURAHARI RAO Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The appellants claimed that they are freedom fighters and fought against Nizam Government during the movement in the year 1947-48. The Government of India formulated a Scheme known as Swatantra Sainik Samman Pension Scheme 1980 (FFP Scheme for brevity) to provide pension to freedom fighters under the said scheme. It appears the first appellant applied for the same on 25.3.1984 to the Government of India, the first respondent herein for sanction of freedom fighters pension. The Government of India vide order dated 13.5.1991 communicated to the first appellant that the Government of India decided to grant him freedom fighters pension from Central Revenues. The consequential communication from the Ministry of Home Affairs was also sent to Central Pension Accounting Office, New Delhi informing that the first appellant has been granted pension with effect from 25.1.1991. Though the details are not given in the affidavit accompanying the writ petition, it is stated that all other appellants were also given pension from the date of sanction of the pension. The appellants accepted the pension in 1991 and have drawn the pension since then, in 1998 they filed a writ petition, being WP No. 16472 of 1998 dated 5.10.2001 praying for a declaration that the action of the respondents in not sanctioning pension from the date of scheme is illegal and arbitrary and for a consequential direction to release pension from the date of the scheme.

(2.) The writ petition was opposed by the first respondent inter alia contending that the petitioners have not furnished sufficient documents from official records to prove their claim that they went underground and suffered and that in the absence of necessary certificates and record, the appellants are not entitled for any pension under the scheme. However, applying the principles laid down by the Supreme Court in Union of India v. M.S. Chellaiah Thevar, CA No.7762 of 1996, dated 30-4-1996, the appellants were given benefit of doubt and sanctioned freedom fighters pension from the date of sanction prospectively. Though recommendation made by the Committee, the same was not supported any documents and therefore it is not accepted. It is also averred that the appellants were sanctioned pension from the date of recommendation of the Committee as per the extant of Government policy following the judgment in Chellaiah Thevar's case.

(3.) The learned single Judge dismissed the writ petition placing reliance on the judgment of the Supreme Court in Union of India v. Ganesh Chandra Dolai, (1997) 10 SCC 289, and also a Division Bench of this Court in Deputy Secretary v. Kalineni Venkamma, Unreported judgment in WA No. 1974 of 1999, dated 21-12-1999, holding that the petitioners are entitled for pension only from the date of sanction/ recommendation for sanction.