YELMAREDDY SURYAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is instituted by Smt. Yelmareddy Suryamma, W/o Late Sri Gopal Reddy, seeking grant of the 'freedom fighters family pension' from the initial date of the submission of the application instead of from 19.05.2010.

(2.) It is the case of the petitioner that her husband has participated in the Liberation Struggle of the Nizam State of Hyderabad during the years 1947 and 1948. For want of knowledge, the husband of the petitioner did not apply for Swathantrata Sainik Samman Pension and when the writ petitioner became aware of the scheme, she applied for it. Her case was placed before the Hyderabad Special Screening Committee headed by Sri Rajeswara Rao, in the year 1997 and the said committee recommended her case to the Central Government for grant of freedom fighters pension. However, no steps were taken thereon. On 26.11.2008, the State Government has recommended for grant of pension. However, the Central Government rejected her claim on 03.12.2009 on the ground that 'Repala Border' Camp is not one of those camps recognized for grant of pension. However, the State Government informed the Central Government on 22.12.2006 that Sri B.N. Reddy, former Member of Parliament, has already been recognized as the camp in-charge of the Suryapet, Jaggugudem and Repala during the Hyderabad Liberation Movement and he has informed that several people have carried out various activities from Repala and they were all known as members of Suryapet Dalam and that some of them also took training to use arms in and around the hills located nearby to Suryapet town for a couple of months and hence Sri B.N. Reddy requested to treat the camp's name, in the verification-cum-entitlement report as Repala of Suryapet Revenue Sub-Division instead of Suryapet. Hence the State Government suggested to take into account the camp's name as Repala of Suryapet Sub-Division and on that basis consider the claims of the applicant. Inspite of this communication of the State Government, the Central Government has erroneously rejected the petitioner's claim on 03.12.2009 by setting out that Repala Border Camp is not one of the recognized camps for grant of pension. In those circumstances, the petitioner filed W.P. No. 481 of 2010 and this Court allowed the said writ petition on 03.02.2010 ordering for reconsideration of her case. Pursuant thereto, the Central Government granted Freedom Fighters Family Pension through their proceedings dated 19.05.2010 from 03.02.2010, instead of from the date of petitioner's representation. Though the writ petitioner has submitted another representation on 11.08.2011 for grant of freedom Fighters Family Pension with effect from the initial date of submission of application, no orders were passed thereon. Hence, this writ petition is instituted seeking directions for grant of pension with effect from the date of application.

(3.) While, passing orders on 19.05.2010, it is stated that giving benefit of doubt, the claim of the petitioner for pension has been sanctioned with effect from 03.02.2010, the date on which this Court passed orders earlier in W.P. No. 481 of 2010. It is further pointed out that, no evidence of husband's underground suffering in the Border Camp during Hyderabad Liberation Movement has been produced by the applicant, but however, the State Government had recommended the claim on the basis of certificates given by other central freedom fighter pensioners. Therefore, the claim of the applicant has been considered based upon the recommendations of the State Government and those of the Screening Committee of Eminent Freedom Fighters (SCEFF).