Pratapani Muthaiah v. Union of India

1. By this writ petition the petitioner prays for grant of pension under the Swatantrata Sainik Sanman Pension Scheme.

2. A reference to the petition shows that the petitioner participated in Hyderabad Freedom Struggle against the Nizam Government which was supported by the British Rule. The petitioner, on 19.11.1987 applied for getting of the pension and gave the necessary papers alongwith the certificates of proof of freedom fighter. The petitioner thereafter kept on 2013:DHC:675 pursuing the respondent, but the respondent did not release the pension and hence the present petition.

3. The respondent has only filed a counter-affidavit. In this writ petition and in the said counter-affidavit, it is an undisputed position that the petitioner’s case was recommended by the Hyderabad Special Screening Committee for grant of pension, but the order of the Hyderabad Special Screening Committee was subsequently stayed in a writ petition filed in the Andhra Pradesh High Court vide orders dated 24.9.1997 in W.P. NO. 4420/1997.

4. Considering the fact that the respondent is not disputing that the petitioner did apply under the scheme, he was qualified under this scheme and therefore this case was proved by the Screening Committee, is sufficient to allow the present writ petition. A Division Bench of this Court in the case of Sh. Sukhai Thakur Vs. Union of India and Ors. decided on 2.11.2012 has directed grant of the freedom fighters’ pension on compliance of the necessary formalities, and in which case the facts pertained to an FIR being lodged against a person and therefore his being underground. I have followed this judgment recently in the case of Sh. Bhola Jha Vs. Union of India & Ors. decided on 16.1.2013 in W.P.(C) No. 3453/2010.

5. Aforesaid facts, and more particularly the fact that the petitioner’s case was approved by the Hyderabad Special Screening Committee, and which must obviously be because the petitioner has complied with all the terms and conditions of the scheme, petitioner will also be entitled to all the arrears of pension from the date of his making the application, subject of course to the fact that the order dated 24.9.1997 in WP(C) 4420/1997 is not operative. Petitioner will also be entitled to interest at 6% per annum simple from the date of filing of the present petition till the time the arrears of pension are paid to the petitioner. Copy of this order be sent by registered post AD, as also through the concerned District Judge in Warangal District, Andhra Pradesh, to the petitioner. A copy of this order be sent to the respondent through High Court Process Serving Agency.

6. The writ petition is allowed and disposed of.

FEBRUARY 08, 2013 VALMIKI J. MEHTA, J. ib