D DAMAYANTHI Vs. SECRETARY MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) This Writ Appeal, under Clause 15 of the Letters Patent, is filed assailing the order dated 23.01.2008 passed in W.P. No. 17465 of 2005 by the learned single Judge.

(2.) The Appellants are the Petitioners in the writ petition. The writ petition was originally filed by the 1st Appellant Smt. D. Damayanthi for issuance of a Writ of Mandamus or any other appropriate order or direction directing the Respondent Nos. 1 and 2 to sanction family pension to her from 02.01.1999, the date of death of her husband, unto 14.10.2003, and freedom fighters pension payable to the Petitioner's husband, late D. Ramulu from the date of his representation dated 08.08.1994 to 02.01.1999, the date of his death, with interest at 12% per annum. Subsequently on the death of the 1st Petitioner-Smt. D Damayanthi, Petitioners 2 to 7 was added as L.Rs.

(3.) In the affidavit filed in support of the said Writ Petition, the 1st Petitioner pleaded that her husband served in the Indian Army for about 9 years from 23.03.1937 to 01.03.1946 during the II-World War in the Burma Sector as Naik No. 17128 and had undergone imprisonment by the Japanese while serving with the Indian Army. It was also averred that her husband late D. Ramulu was taken as prisoner of war by the Japanese on 15.02.1942 and while he was in the jail, he opted to join in the Indian National Army at the call of Netaji Subhash Chandra Bose and worked in the Indian National Army. It is further averred that during the life time of D. Ramulu, he made a representation to the Collector, Vijayanagaram District on 08.08.1994 and 22.02.1997 for grant of freedom fighters pension under Swathantrata Sainik Samman Pension Scheme, 1980. The Petitioner's husband died on 02.01.1999 at Sundarada Village leaving behind her and her unmarried daughter Bayamma and two widowed daughters Bharathi and Sumathi and two sons D. Satyam and D. Sankar Rao. The two sons were living separately. She had No. source of income to maintain herself and her daughters, except the amount of Rs. 200/- per month being paid by the District Soldier Board after the death of her husband. They are living in a miserable and poor condition in the said village. It is further averred that on 06.10.2000, she made a representation to the President of India, New Delhi to sanction family pension and also for assignment of land for herself. The President's Secretariat, by letter dated 11.10.2000, had forwarded her representation to the Secretary, Government of India, Ministry of Defense, for appropriate action. But No. follow up action was taken by the Ministry of Defense. She again made a representation on 09.05.2001 to the Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, New Delhi, by registered post requesting for sanction of freedom fighters pension to her husband late D. Ramulu and also family pension to her, under Swathantrata Sainik Samman Pension Scheme, 1980 and there is No. response from the 2nd Respondent to her representation dated 09.05.2001, Thereafter, she filed the Writ Petition No. 24117 of 2001 against the Respondent Nos. 1 and 2 for issuance of Writ of Mandamus or any other appropriate writ, directing the Respondent to consider the representations dated 08.08.1994 and 22.12.1997 of late D. Ramulu and her representations dated 06.10.2000 and 09.05.2001 for sanction of freedom fighters pension. The said representations were disposed of by order dated 23.11.2001 directing the Respondents to consider and dispose of her representations dated 06.10.2000 and 09.05.2001 in terms of the guidelines enumerated by the Supreme Court in Mukundalal Bhandari and Ors. v. Union of India and Ors., 1993 AIR(SC) 2127 for grant of freedom fighters pension under the Swathantrata Sainik Samman Pension Scheme, 1980. The Respondents 1 and 2 did not consider the representations and did not pass any orders as per the directions given in the W.P. No. 24117 of 2001. She filed a Contempt Case No. 912 of 2003 for willful disobedience of the judgment of this Court. During the pendency of the Contempt Case, the 1st Respondent has passed an order dated 16.10.2003 granting Swathantrata Sainik Samman Pension in compliance with the judgment of this Court in W.P. No. 24117 of 2001, and directed her to furnish certain documents and on compliance of the said formalities, the Pay & Accounts Officer, New Delhi has sent PPO MHA 77040 7332 dated 16.03.2004 for sanctioning payment of pension from 14.10.2003. Subsequently, this Court disposed of the Contempt Case observing that the Petitioner who was aggrieved by the orders passed by the Respondent, must pursue the remedies available to her. It is also averred that her advocate made a representation on 11.06.2004 to the 2nd Respondent stating that she has to be paid family pension from the date of death of her husband and also freedom fighters pension payable to her husband late D. Ramulu from 08.08.1994 up to the date of his death. The 1st Respondent has sent a reply dated 02.07.2004 stating that the pension can be sanctioned only from the date of approval of competent authority in the case of Petitioner by giving her benefit of doubt, and therefore, it is not possible to sanction pension to her from the entire date. Aggrieved by the letters dated 16.10.2003 and 02.07.2004, the 1st Petitioner filed the Writ Petition, which is the subject matter of the present appeal.