P PRATAPA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) ORDER:- These two writ petitions relate to payment of freedom fighters pension. The Government of Andhra Pradesh issued G.O.Ms.No. 1080 Revenue Department dated: 30-6-1978, under which a scheme was framed to pay pensions to freedom fighters who fought for the cause of the Nation during freedom struggle movement. A fact finding committee was constituted to identify such freedom fighters entitling for pension and the petitioners were among the beneficiaries identified for payment of such pension. The petitioners were being granted the said pension from the month of April, 1980, with retrospective effect from 30-6-1978, but abruptly, the pension was stoped on the ground of issuance of G.O.Ms.No.291, dated: 25-2-1981. The reason for such stoppage was that under the above G.O., freedom fighters pension was available only to the freedom fighters undergoing jail sentence for six months and more and not below six months. The petitioners underwent jail sentence only for 3 months. But, the later G.O. dated: 25-2-1981 cannot be retrospective in operation. Such of the applicants including that of the petitioners who were already identified for entitlement of freedom fighters pension under the then rules existing and who were being paid the said pension cannot be deprived of the same by a subsequent guideline. May be the subsequent guideline can be made applicable for such of those applicants whose application either was pending as on 25-2-1981, or whose applications were filed later to that date. But, in any event, the petitioners and the like who were being granted pension before 25-2-1981, cannot be deprived of their right merely because the guideline has been changed. Indisputably, no such distinction was drawn basing on the quantum of jail sentence and that was only introduced by a later G.O. dated: 25-2-1981. The later G.O. dated: 25-2-1981 can be only prospective and cannot have the effect of demolishing the vested right of the petitioners who were identified as freedom fighters under the then existing rules and who were being paid pension right from April, 1980, and that too, with retrospective effect from 30-6-1978, It is needless to mention that this is the only harmonious construction which can be placed on the later G.O. dated 25-2-1981, as all the beneficiary schemes and more so, for a laudiable cause like this relating to payment of pension to freedom fighters, have to be construed liberally in favour of the beneficiaries.

(2.) IN the circumstances, the writ petitions were allowed and the respondents are directed to continue the payment of pension to the petitioners right from the date on which such payment was stopped and with such escalation, as may be made subsequently by the Government. Two months time from to-day is granted for payment of arrears. From the month of October, 1984 the pension payment shall be made to the petitioners regularly with in 10th day of each English Calendar month. No costs.