WP/25391/2000 of P.Krishna Sarojini , P.Krishna Veni, Vs The Government of India, on 30 December 2005

ORDER:

The petitioner claims to be the widow of late P.Venkata Subbaiah alias P.RamaMurthy. It appears, petitioner’s husband actively participated in the movementagainst the erstwhile Nizam of Hyderabad. He was allegedly jailed for a period offour months in Aurangabad. In 1982, petitioner’s husband made an application tothe District Collector seeking freedom fighters pension. The same was enquired into.It appears, the Government of Andhra Pradesh sent a report to the CentralGovernment, the first respondent herein, recommending sanction of the pension.The petitioner’s husband died on 25.8.1985, but the petitioner was not sanctionedany pension. Therefore, the present writ petition is filed inter alia seeking direction tofirst respondent to sanction pension under Swathantra Sainik Sanman PensionScheme (hereafter called, 1980 scheme) from the date of the application dated01.8.1992.

The Undersecretary to the Government of India in Ministry of Human Affairs(Freedom Fighters Cell) filed a counter affidavit opposing the writ petition. It is statedthat the petitioner has not filed any application to consider the application under1980 scheme. As per the scheme, a freedom fighter is required to apply in duplicatesending one copy to Government of India and another copy to the StateGovernment. It is stated that the petitioner has not submitted any application to theState Government and therefore, the petitioner is not entitled to any relief.

None appears for the petitioner as well as the first respondent –Government of India.

The counter affidavit was filed on 30.3.2001 but so far no reply affidavit is fileddenying counter averments. In the absence of any such application made by thepetitioner or her husband, the application for sanction of pension under 1980scheme cannot be considered. Therefore, liberty is reserved to the petitioner tomake an application as required under 1980 scheme in duplicate – one applicationto Government of India and another application to Government of Andhra Pradesh.As and when such application is made, the same shall be considered by therespondents 1 and 2 in accordance with 1980 scheme.

The writ petition, with the above observations, is accordingly disposed of. No costs.

December 30, 2005. (V.V.S. RAO,J)

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