S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) THE Union of India is before us questioning a judgment and order dated 18-2-2005 passed by a Division Bench of the High Court of Andhra Pradesh in Writ appeal No. 73 of 2005 whereby and whereunder an intra-Court appeal preferred by respondent No. 1 herein from a judgment and order dated 23-9-2004 passed by a learned Single Judge of the said Court was set aside.

( 3 ) INDISPUTABLY, a scheme known as Swatantrata Sainik Samman Pension Scheme, 1980 was floated by the Central Government. Conditions for grant of said samman were specified therein, the relevant provisions whereof, being Clause 2. 3 are as under :

"2. 3 Underground:- A person who on account of his participation in freedom struggle remained underground for more than six months provided he was; a. a proclaimed offender; or b. one on whom an award for arrest was announced; or c. one for whose detention, order was issued but not served. "

( 4 ) THE application of respondent No. 1 filed in this behalf in terms of the said scheme having been rejected by the appropriate Government, a writ petition was filed before the High Court. By an order dated 13-11-1998 passed in Writ Petition no.