Telangana High Court
WP/26993/2005 of C.B.Kapadiya, Vs The Secretary to the Government of India, Ministry of on 27 December 2005
THE CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R.SUBHASH REDDY W.P.NO.26993 OF 2005 Between: C.B.Kapadiya, s/o (late) B.C.Kapadiya, R/o A -15, Pragati Society, 4-1-10, Tilak Road, Hyderabad. ..... PETITIONER AND The Secretary to the Government of India, Ministry of Home Affairs, Freedom
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Conclusion
HONOURABLE SRI G.S.SINGHVI, THE CHIEF JUSTICE
AND
HONOURABLE SRI JUSTICE R.SUBHASH REDDY
W.P.NO.26993 OF 2005Between:C.B.Kapadiya, s/o (late) B.C.Kapadiya,R/o A-15, Pragati Society, 4-1-10, Tilak Road, Hyderabad.ANDThe Secretary to the Government of India, Ministry of Home Affairs, FreedomFighters Pension Cell, New Delhi.
..... PETITIONER
.....RESPONDENT
::JUDGMENT::
Counsel for the Petitioner : NONECounsel for the Respondent : GP FOR REVENUEDated 27..12..2005
Per G.S.Singhvi,CJ
The petition sent by Sri C.B Kapadia, Aged 78 years, S/o late B.C.Kapadia, R/o. A15, Pragathi Society, 4-1-10, Tilak Road, Hyderabad to S.Ananda Reddy, J forissuance of a direction to the Union of India and the Government of Andhra Pradeshto pay him freedom fighters pension was treated as a writ petition in public interest.
Notice of the writ petition was given to the learned Government Pleader andhe was requested to get in touch with the concerned officer and file a status reporton the petitioner’s claim for pension.
In response to the notice issued by the Court, Sri V.Veeresham, Deputy Secretary toGovernment of A.P., Revenue Department has filed an affidavit dated 26.12.2005.The same is accompanied by a number of documents including the communication received from the Government of India declining the petitioner’s prayer for grant ofpension under the Swatantra Sainik Samman Pension Scheme, 1980. In theaffidavit of Sri Veeresham it has also been stated that the petitioner’s claim for grantof pension under the scheme framed by the State Government cannot be entertainedbecause he did not furnish proof of having undergone imprisonment or remainedunderground for a period of not less than 3 months in connection with the freedomstruggle. At the same time, it has been averred that as and when the petitionerfurnishes evidence in support of his claim for freedom fighters pension, his case willbe reviewed and appropriate decision will be taken.
We have carefully gone through the affidavit of Sri V.Veeresham anddocuments filed with it and are satisfied that the writ petition deserves to bedisposed of with the observation that as and when the petitioner furnishes evidenceshowing that he fulfils the conditions prescribed by the State Government for grant offreedom fighters pension, the same will be considered by the competent authorityand appropriate decision will be taken within a period of three months. Orderedaccordingly.
A copy of this order be sent to Sri CB.Kapadia, R/o. A.15, Pragati Society, 4-1-10,Tilak Road, Hyderabad. He may get in touch with Sri Veeresham, Deputy Secretaryto the Government of A.P, Revenue Department personally or through his authorizedrepresentative and produce evidence in support of his claim for freedom fighterspension. A photostat copy of the affidavit of Sri V.Veeresham with annexeddocuments be also sent to Sri CB. Kapadia.
G.S.SINGHVI, CJ
Dt.27.12.2005
R.SUBHASH REDDY,J
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