The Court emphasized the need for a liberal and not a technical approach in considering the cases of freedom fighters seeking pension, in line with the object of the SSS Scheme, 1980.

ORDER :

Writ Petition No.38506 was filed by the petitioner to issue a writ of mandamus to declare the rejection order for grant of Freedom Fighter Pension vide proceedings No.112/4140/97-FF(HC), dated 31.10.2012 passed by the 1st respondent, as illegal and contrary to Article 14 of the Constitution of India and consequently to direct the respondents to sanction the Freedom Fighter Pension under Swatantrata Sainik Samman Pension Scheme, 1980 (for short ‘SSS Scheme, 1980’)

2. W.P. No.1019 of 2021 filed by the petitioner to declare the proceedings passed by the 1st respondent in F.No.52/CC/100/2012-FF(HC), dated 09.12.2020 in not extending the benefit of dependent family pension to the petitioner on account of the death of her husband freedom fighter, who was receiving freedom fighter pension, as illegal and contrary to the law and against the principles of natural justice and consequently to direct the 1st respondent to grant dependant family pension under SSS Yojana, 1980 to the petitioner forthwith as extended to her husband.

3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Central Government.

4. Learned counsel for the petitioner in WP No.38506 of 2012 submitted that the petitioner in WP No.38506 of 2012 died on 01.09.2019 (hereinafter referred to as “deceased petitioner”), and his wife filed I.A. No.1 of 2020 to bring her on record as the legal reprehensive of the deceased petitioner. The deceased petitioner participated in the freedom movement continued in Hyderabad State against the Nizam Government during the period 1947-48 for liberation of Hyderabad State and merger into the Union of India. The then Nizam Government issued detention orders against the deceased petitioner. To avoid arrest, the deceased petitioner went to the border camp and participated in Hyderabad liberation movement and remained underground for more than six months. Initially, he went to the border at Chanda camp under the leadership of Late Sri K.V. Narsinga Rao and subsequently, shifted from Chanda Camp to Siruvancha Camp under the leader ship of Sri Ch. Rajeshwar Rao. The Chanda Camp and the Siruvancha Camp were located side by side in Chandrapur District of Maharashtra. The deceased petitioner filed an application before the respondents in the month of January, 1986 seeking Freedom Fighters pension under SSS Scheme. At the time of filing the application, the deceased petitioner tried to get the certificate from the camp in-charge of Chanda camp i.e. K.V. Narsinga Rao, but he was not able to get that certificate. The 2nd respondent directed the deceased petitioner to submit the certificate of the camp in-charge vide endorsement dated 16.07.2016 and in pursuance of the same, he submitted the camp in-charge certificate to the respondents and later his case was recommended by the Special Screening Committee to the Government of India for grant of Freedom Fighters pension in the year 1997. After recommendation of the Screening Committee, the 2nd respondent also recommended the case of the deceased petitioner vide letter No.617/FFf-II/A/2002, dated 21.03.2002 for grant of pension. But, the 1st respondent informed the deceased petitioner vide letter dated 16.03.2004 that the Government of India declined to grant freedom fighters pension on the ground that there was a contradiction in the name of Camp. After receiving the letter dated 16.03.2004, the deceased petitioner represented the matter before the 1st respondent by fling a detailed representation on 11.09.2004. On behalf of the deceased petitioner, the Deputy Speaker of Lok Sabha Sri G. Venkat Swamy, Member of Parliament also recommended to the 1st respondent for reconsideration of the case of the deceased petitioner. Again on 15.02.2007, the deceased petitioner filed a detailed representation by enclosing the latest report of the State Government along with the certificate issued by the Camp in-charge Sri Ch. Rajeshwar Rao to the 1st respondent for reconsiderati