VERIREDDY NARSIMHA REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions are disposed of by a common order as in all the petitions it has been prayed that the Union of India be directed to place the applications for grant of Freedom Fighters' pension before the Screening Committee constituted by the Government for the purpose.

(2.) This Court has entertained petitions in hundreds in the past and now fresh petitions have been filed. Earlier this Court passed orders in the petitions when no counter was filed. When those petitions were taken up the Court was informed that the Screening Committee was in existence, therefore the Court directed in all those matters that the applications of the petitioners be placed before the Screening Committee. When these matters came up before this Court, the Court was informed that the Screening Committee is no longer in existence, therefore respondents were directed to file counter. A counter has been filed which has been adopted for all the petitions.

(3.) The Freedom Fighters' Pension Scheme was promulgated in the year 1972 by the Central Government. It was re-named as "Swatantra Sainik Samman Pension Scheme, 1980"' in the year 1980 and was promulgated on 15-8-81 with effect from 1/08/1980. This lays down the criteria for grant of pension and also the method of grant of pension. It also lays down as to what are the movements/mutinies connected with National Freedom Struggle. Clause-4 of the scheme lays down the eligibility criteria. It appears that the petitioners who have approached this Court are not eligible strictly in accordance with Clause-4 of the scheme. It also appears that it had caught the attention of the Government of India that certain persons who had fought for freedom and participated in the Freedom movement in former Nizam State of Hyderabad for its integration with the Indian Union were finding it difficult to show that they were entitled to pension in terms of the Swatantra Sainik Samman Pension Scheme, 1980. Therefore, an office memorandum was issued by Bharat Sarkar on 5ih of October,1983. The Memorandum notices the difficulty suffered by the Freedom Fighters who belonged to erstwhile Nizam State of Hyderabad in getting the pension under the 1980 scheme. This order further lays down that the applications from persons belonging to erstwhile Nizam State of Hyderabad will be scrutinised and screened by a Special Screening Committee. This special committee was constituted by the same order. The Deputy Secretary in charge of the Freedom Fighters' Division in the Ministry of Home Affairs was nominated as Convenor of the Committee. It was further laid down that the Committee will decide its own procedure. Again an order was passed on 17/12/1996 expressing the same difficulties which were expressed in the order of 5/10/1983 with respect to the persons who had fought in the Nizam State of Hyderabad and to remove the difficulties another Committee was constituted. The Committee was asked to dispose of all pending applications by 31st of March 1997. So, in terms of this order the committee had to remain in existence upto 31/03/1997. Yet another order was passed on 3/06/1997 by which the tenure of the Special Screening Committee was extended upto 31/12/1997. All these orders suggest that the Government of India had taken a decision that the committee will remain in existence upto 31st of December, 1997 and dispose of the applications presented before it. The task for the Committee was only to scrutinise the applications whereas the power to grant or refuse the applications remained with the Government of India, The Government has passed yet another order on 22/01/1998. By this order the term of the Special Screening Committee has been extended for 45 days beginning on 1/01/1998 and the Committee's tenure shall come to an end on 14/02/1998. The petitioners case is that, the Screening Committee should consider the applications of the petitioners as well whereas the respondents submit that the tenure of the Committee has already ended on 31st of December, 1997 and its term has only been extended upto 14/02/1998 for considering those cases in which orders had been passed by the Court upto 31/12/1997, therefore the applications of the petitioners cannot be considered by the Committee.