M.JANNAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India, is filed assailing the proceedings No.52/CC/48/2002 -FF(HC -C), dated 20.11.2006 issued by the 1st respondent -Union of India as arbitrary and illegal, violative of Article 14 of the Constitution of India and Swatantra Sainik Samman Pension Scheme 1980 (for short the Scheme) and for consequential direction to the 1st respondent to reconsider the case of the petitioner for grant of pension under the said Scheme from the date of application.

(2.) THE pleaded case of the petitioner is as follows: Petitioners husband, late Sri Mohan Reddy, participated in the movement of Anti Nizams Government and the Director General of Police, Nizams Government, Hyderabad, issued arrest warrant against the petitioners husband and several other freedom fighters. In order to evade the arrest, the petitioners husband went underground for more than six months and in view of the same, the Nizams Police could not implement the warrant of arrest. On an application made by the petitioners husband for grant of pension as per the Scheme, the State Government, after getting report from the District Collector, Medak, recommended the case of the petitioners husband and others vide letter No.25258/FF -II/A3/92 -4, dated 17.12.1992, to the 1st respondent. Challenging the inaction on the part of the 1st respondent in taking action, the petitioner earlier filed W.P.No.34522 of 1998 and this Court by way of an order dated 11.12.1998, disposed of the said writ petition, directing the 1st respondent to take action within four months from the date of receipt of a copy of the order. Complaining disobedience of the said order, the petitioner filed C.C.No.1155 of 1999 and after receipt of the notice in the said C.C, the 1st respondent, by way of an order dated 28.07.1999 intimated that the 2nd respondent -State Government did not send the verification report to the 1st respondent, and thereafter, the petitioner filed W.P.No.8242 of 2002, which was disposed of on 22.08.2006, directing the 2nd respondent to send the copy of verification report dated 03.06.2004 within one month to the 1st respondent and further directing the 1st respondent to consider the case of the petitioners husband within two months thereafter. The 1st respondent, by way of proceedings No.52/CC/48/2002 -FF (HC -C), dated 20.11.2006, rejected the claim of the petitioners.

(3.) RESPONDING to the Rule Nisi issued by this court, a counter affidavit dated 27.05.2014 deposed by the Under Secretary, in the Ministry of Home Affairs, has been filed denying the averments in the affidavit filed in support of the writ petition and in the direction of justifying the impugned action. A counter affidavit, deposed by the Deputy Secretary to Government, Revenue Department and Chairman of the Committee constituted for scrutiny of freedom fighters cases, has also been filed on behalf of the 2nd respondent stating that in pursuance of the orders of this Court in W.P.No.8242 of 2002 dated 22.08.2006, while furnishing the copies of the Government letter No.25258/FF -II(2)/92 -4, dated 23.10.1992 and 17.12.1992 and Government LR.No.74520/FF - A2/2004, dated 30.06.2004, the 2nd respondent requested the 1st respondent to take a decision in the matter according to the directions of this Court.