Telangana High Court

WP/27217/2026 of Cheruku Ahalya Devi Vs The Union of India on 19 August 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 27217 OF 2026 Between: AND Cheruku Ahalya Devi, W/o Late Cheruku

[ 348s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE NINETEENTH DAY OF AUGUST

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION NO: 27217 OF 2026

Between:

AND

Cheruku Ahalya Devi, W/o Late Cheruku Aga Reddy Aged about 95 years Occ Housewife Rl/o HNo 6-25 (Old HNo 4-13) Nimmanapally Village Peddapalli Mandal DistrictTelangana - 505174

...PETITIONER

...RESPONDENTS

1. The Union of lndia, Rep by principal Secretary Ministry of Home Affairs North Block Central Secretariat New Delhi - 1 ',l000'1

2. The Under Secretary to the Government of lndia, Ministry of Home Affairs Freedom Fighters Division / Swatantrata Sainik Samman Prabhag (Hyderabad Cell - Pension) 2nd Floor NDCC-Il Building Jai Singh Road New Delhi - 1'10001

3. The State of Telangana, Rep by its Principal Secretary Revenue / General Administration Department Telangana Secretariat BRKR Bhavan Hyderabad Telangana - 500063

4. The District Collector, peddapalli District Telanga na _ SOi172

5. The Tahsildar / Mandar Revenue officer, peddapaili Mandar peddapaili District Telanga na - 505174

6' union Bank of rndia, Rep by its chief Manager centrarized pension Processing Centre (CppC) 2nO Floor S_24 Shri -Aurobindo frfrrg glo.k-A

Green Park Extension New Delhi _ 1 1 0016

7. Union Bank of lndia, Rep by its Branch Manager peddapalli Branch Peddapalli District Telanga na _ 5OS1l4

Petition under Arlicre ?26 0f the constitution of rndia praying that in the circumstances stated in the.affidavit fired th;;;;iil, irre Higl-r coiirt'rr'v l" pr"r*o to issue a writ order or direction ,ore particutriti one in the nature of writ of Certiorari to call for the records relating to Letter No 11216968197-FF(HC) dated 14.07 .2025 and Letter No 112/6968/97-FF(HC) dated 1 1 .06.2026 passed by Respondent No 2 and quash the same as illegal arbitrary u nconstitutional and in violation of Articles 14 and 21 of the Constitution of lndia and consequently to declare the action of Respondent No 2 in rejecting the application for dependent family pension vide Letter No 112/6968/97-FF(HC) dated 14.07.2025 and Letter No 112/6968197-FF(HC) dated 1110612026 as illegal arbitrary and to direct Respondent Nos 1 and 2 to sanction and disburse dependent family pension to the Petitioner under the Swatantrata Sainik Samman Yojana (SSSY) under PPO No MHAFF050866B along with accrued arrears from 19-02-2022.

l.A. NO: 1OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent Nos. '1 and 2 to sanction and disburse dependent family pension to the Petitioner under the Swatantrata Sainik Samman Yojana (SSSY) under PPO No MHAFF0508668 along with accrued arrears from 19-02-2022 pending disposal of the above Writ Petition.

Counsel for the Petitioner: MR. SRINIVAS VELAGAPUDI

Counsel for the Respondent Nos. 1 and 2i MR. KATA ARVIND KUMAR, S.C.

FOR CENTRAL GOVT

Counsel for the Respondent Nos. 3 to 7: - - - - The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAI)

THE HON'BLE SRI WSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION No.272 L7 of2o26

DATE': L9.O8.2O26

Between:

Cheruku AhalYa Devi

...Petitioner

AND

The Union of India,

Rep. by PrinciPal SecretarY,

Ministry of Home Affairs.

North Block, Central Secretariat,

New Delhi - 1 1000 1 and others

...Respondents

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ORDER:

Heard Mr.srinivas Velagapudi, learned counsel for petitioner and Mr.Kata Arvind Kumar, learned Standing counsel for central Government appearing for respondent Nos. 1 and 2.

The present Writ Petition has been filed seeking the following relief :- '. . .to issue cr tt'it, orciet or direction nore particularlg o"."- ii the nature oJ' u rit oi certiorari to call for the iliora, relating to LetLer Na.1 12i 6968/ 97-FF(HC) dated

14. O7.2()25 end Letter No.1121695E,i97 FF(HC) dated 11.06.2025 possed by respondent No.2, and quash the same as iltegal, arbitrary, unco,tstitutional and in urolation cf Arti<:les 14 anci 2 1 of the Constitution of tndia ctnd r:on sequentlg to declare tLv actiort of respondent rVo. i in rejecting the application fo, r.leperLdenl famil1l pension uide Letter llo.1 12/ 6968/ 97- FF(HC) clated i1.07,2025 ond Letter No.112/6968/97- FF(HC) dated I LO6.2026 as illegal, arbitrarg and to cLirect r<:sponcleni Ncs.I ancl 2 t() sanL-lion and disbttrse dependent familg pension to tlte petitioner under the ,\tuatantrata Sainik Samman Yojcuta (I;SS Y7 under PPO .No.MHAFF0508668 along tuith accrued arrears from 19.02.2022 and pass such other order or orders as lhis Hon'ble C outl tnoa deems Ji.t an.d proper in the <:ttcuntstctn ce,s o/'Ihe .ase... " The grievancc of the petitioner is that her husband, late Sri Cherukr-r Aga ReCclv, \\'as a v.:rified freedom fighter and rvas gran ted 'rerl sion bv re spor^rclei-rt No. 1 under PPO No.MHAFF050855tt and he died cn 18.02.2022. The /) petitioller. being hrs lr.'qalh' rveddi:d r,.'ife, is entitled to depenclent lamilv orrrsirrn Lrnder ttr<: Srvatantrata Sainik Samman Yojana {SSSY), submitted an application for deperrclent family pcnsion on 07.01.2025. However, the said applir:ation u,as rqr'ctetl bl'respcindeirt Ntl.2 on the ground that the "<:laim of those spouse and unmarried and, unernplolecl daughtr:rs for dependent pension will be J considered only if it is applied within three years of death of the original freedom hghter". + Learned Standing Counsel for the Centra-l Government submits that under Paragraph a(ii) of the Revised Policy Guidelines for Disbursement of Centra'l Sarnman Pension' the application is required to be submitted within three years from the date of death, the application was filed three years and ten days after the death of the freedom fighter, and thus, there is a delay of about ten days beyond the prescribed period under the Scheme.

b. In reply, learnecl counsel for the petitioner submits that the respondents have erroneously calculated the period of three years. It is contended that the petitioner's husband died on 18.02.2022 and the application for dependent family pension was submitted on O7'O|'2O25, which is admittedly within three years from the date of death

5. Having considered the rival submissions and upon perusal of the material placed on record, it is evident from the communii::ttion datcd 19.08.2025 addtessed by the Si:nior Manager, Cct-rtralised Pension Processing Centre, Nelr' Delhi to respondent No.2 that as the original application subrnitted bv the petitioner on o7-Ol-2025 was not c:omplete . t1-r e petitioner \\'as requested to provide complete applicalion again rvith proper attestation and verification Pursuant to the same, the petitioner submitted another application dated O1 03 2025 and thus the petitioner macle tlrc clependerlt famiiv pension application r,l,ithin threc vears lrrlrn the date of dcath of her husband on 1.8.O2.2022. Thcreiore, [hc reasotl assigned by respondent No.2 ior rej cct ing the petitioncr's claim on the ground of c1etrr:y of ten dan's is filctuallv unsustairtable

1. In that vielv oi the matter, the impugned Letter }ir,.112/6968/97 FF(IIC) ciated 14.O7.2A25, cannot be sustained.

Accorclinglr'. the' Writ Petition is allott'e d and the ii;-.grirgncd L,,'ttcr No 112/6968197-FF(LIC.) dated i4.O'I . )O23 rs iict asirle, clirec:ting respondent No.2 to -+

To, reconsider the petitioner's applications dated OT.OL.2O2S and 01.03.2025 for dependent family pension under the Swatantrata Sainik Samman Yojana, in accordance with the applicable scheme basing on the documents furnished by the petitioner. If the petitioner is found eligible and has complied with all the requirements under the Scheme, the respondents shall sanction and disburse the dependent family pension to her in accordance with law. The entire exercise shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in these Writ Petitions shall stand closed SD/- K.V.O. Narsi Babu ASSIS NT REGIST //TRUE COPY// ECTION OFFICER '1 . The principal Secretary, Ministry of Home Affairs North Block Central Secretariat Union of lndia, New Delhi - 110001

2. The Under Secretary to the Government of lndia, Ministry of Home Affairs Freedom Fighters Division / Swatantrata Sainik Samman Prabhag (Hyderabad Cell - Pension) 2nd Floor NDCC-Il Building Jai Singh Road New Delhi - 1 10001

3. The Principal Secretary Revenue / General Administration Department Telangana Secretariat BRKR Bhavan Hyderabad State of Telangana, Telangana - 500063

4. The District Collector, Peddapalli District Telangana - 5O5172

5. The Tahsildar / Mandal Revenue Officer, Peddapalli Mandal Peddapalli District Telangana - 505174 t

The Chief lvlanager, Union Bank of lndia' Centralized Pension Processing centre (CPPC) 2nd Floor Sli+ si'i 'n'-luinoo M"g Block-A Green Park ixtension New Delhi - 1 10016 The Branch Manager Union Bank of rndia, peddapa,i Branch peddapari District Telangana - 5051 74 ONE CC tO IVIR, SRINIVAS VELAGAPUDI AdVOCAIE [OPUCI One CC to lr,4R KATA ARVIND KUMAR' S C FOR CENTRAL GOW IOPUCI

10 Two CD CoPies AGK \-v TJ

HIGH COURT DATED: 1910812026

ORDER

WP.No.27217 o12026 ALLOWING THE WRIT PETITION WITHOUT COSTS CC TODAY I \{E STATE t DtsPgl /e i tr rut 2$2t

.D * \ 6+ V Yka,r /.\l\"

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