Telangana High Court
WP/28591/2008 of Panjala Odelu Vs The Government of India on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28591 of 2008 Between: Panjala Odelu and others ..... PETITIONER(S) AND 1 The
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28591 of 2008
Between:Panjala Odelu and others
AND
..... PETITIONER(S)
1 The Government of India Rep. by its Dy. Secretary Freedom Fighter's Division [HC], Lok Nayak Bhavan, Khan Market, New Delhi.
2 The Under Secretary to Government of India Ministry of Home Affairs Freedom Fighter's Division [HC], Lok Nayak Bhavan, Khan Market, New Delhi. Freedom Fighter's Division [HC], Lok Nayak Bhavan, Khan Market, New Delhi.
3 The Pay & Accounts Office [Pension & Mise.] Ministry of Home Affairs 2/10, Jam Nagar House, New Delhi - 1. 2/10, Jam Nagar House, New Delhi - 1.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a Writ, order or direction, more particularly one in thenature of Writ of Mandamus, declaring the action of the 2nd Respondentin not granting the pension from the date of their applications underSwatantrata Sainik Samman Scheme 1980, sanctioned to the Petitionersinspite of the reorientations dated 12-08-2008 of the Petitioners, as illegal,arbitrary in gross violation of principles of natural justice and Article 14and 21 of the Constitution of India dn consequently direct the respondentsto sanction the pension to the Petitioners from the date of theirapplications, including the arrears of the pension and with allconsequential benefits or otherwise Petitioners will suffer serious lossand great hardship.
Counsel for the Petitioner:MR.CHALLASIVASANKAR
Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY(ASST SOLICITOR GEN)
The Court made the following :
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.28591 of 2008
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ORDER:
1 The petitioner approached this Court and filed the present Writ Petition with the following prayer:
“For the reasons stated in the accompanying affidavit,the petitioners herein pray that this Hon’ble Court may bepleased to issue a Writ, order or direction, more particularly onein the nature of Writ of Mandamus, declaring the action of the2[nd] Respondent in not granting the pension from the date oftheir applications under Swatantrata Sainik Samman Scheme1980, sanctioned to the Petitioners in spite of the reorientationsdated 12-08-2008 of the Petitioners, as illegal, arbitrary in grossviolation of principles of natural justice and Article 14 and 21 ofthe Constitution of India and consequently direct therespondents to sanction the pension to the Petitioners from thedate of their applications, including the arrears of the pensionand with all consequential benefits or otherwise Petitioners willsuffer serious loss and great hardship and pas such other orderor orders as this Hon’ble Court may deem fit and proper in thecircumstances of the case.”
2 When the matter is taken up for hearing, the learned counsel forthe petitioners brought to the notice of this Court that similar Writ Petitionswere disposed of as per the judgment of the Supreme Court in MukundlalBhandari & Others Vs. Union of India & Others dated 14.05.1993 with adirection to the respondents to consider the representation submitted bythe petitioner and produced the order of this Court in W.P.No.12451 of2008.
3 Having considered the said order passed by this Court and in viewof the submissions made by the learned counsel for the petitioners, thisCourt is of the view that this Writ Petition can be disposed of at the stageof admission.
4 Accordingly, the Writ Petition is disposed of at the stage ofadmission directing the second respondent herein to consider therepresentation dated 12.08.2008 submitted by the petitioners and pass
appropriate orders thereon within a period of six weeks from the date ofreceipt of a copy of this Order. No order as to costs.
-----------------------SRI T.G.K,J.Note: C.C. in two daysB/o kvsn