Telangana High Court

WP/3254/1996 of Vemula Krishna Murthy Vs The Deputy Secretary on 31 December 2004

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3254 of 1996 Between: Vemula Krishna Murthy, S/o Narasaih, Aged about 71 years,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE R.SUBHASH REDDY

WRIT PETITION NO : 3254 of 1996

Between:

Vemula Krishna Murthy, S/o Narasaih,

Aged about 71 years, occupation: Ex.FreedomFighter and Agriculture, R/o H.No.1-5-189, Anthakpet,Near Bharat Talkies, Karimnagar District.

AND

1. The Deputy Secretary, Ministry of Home Affairs,Government of India, Freedom Fighters Division,Ist Floor, Lok Nayak Bhavan, New Delhi.

2. Sri Govind Bhai Sharoff, Chairman, ScreeningCommittee, Freedom Struggle Fighters, Saraswathi Bhavan, Aurangabad, Maharashtra.

..... PETITIONER

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may bepleased to issue a writ, order or direction more particularly one in the nature ofwrit of Mandamus by declaring the impugned action of the 1[st] respondent hereinin not forwarding his application to the 2[nd] respondent for grant of pensionunder Swathanthra Sainik Sanman Pension Scheme as illegal, arbitrary, void abentio and violative of principles of natural justice and further, this Court maybe pleased to direct the 1[st] respondent herein to forward the application of thepetitioner in File No.112/968/93-FF (HC) to the 2[nd] respondent herein forconsidering his application and recommend the same for grant of pension underSwathantra Sainik Sanman Pension Scheme and pass such other order ororders.

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Counsel for the Petitioner: MR. A.RAVINDER

Counsel for the Respondent NO.1: THE STANDING COUNSEL AND GPFOR EDUCATION

Counsel for the Respondent No.2: SRI K.RMAULU

The Court made the following:

ORDER:

This writ petition is filed, seeking writ of Mandamus, to declare theaction of the first respondent in not forwarding his application to thesecond respondent to consider the same for grant of pension underSwathanthra Sainik Sanman Pension Scheme, as illegal andarbitrary.

At the stage of admission, this Court by an interim order dated23.02.1996 in W.P.M.P.No.3931 directed the first respondent toforward the application of the petitioner to the second respondent toplace it before the meeting going to be convened on 10.03.1996 toconsider the same for grant of pension under the above saidscheme.

The prayer sought for in the present writ petition and the relief grantedin the above said W.P.M.P. are one and the same. In that view of thematter, the order dated 10.03.1996 in W.P.M.P.No.3931 of 1996 shallbe treated as final order in this writ petition.

The writ petition is accordingly disposed of. No order as to costs.

____________________

1. The Deputy Secretary, Ministry of Home Affairs,Government of India, Freedom Fighters Division,Ist Floor, Lok Nayak Bhavan, New Delhi.Government of India, Freedom Fighters Division,Ist Floor, Lok Nayak Bhavan, New Delhi.

2. The Chairman, Screening

Committee, Freedom Struggle Fighters, Saraswathi Bhavan, Aurangabad, Maharashtra.

3 2CD copies

4 2CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad. (OUT)

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