The absence of a final sanction order and express policy guidelines prohibit the grant of pension posthumously, irrespective of previous recommendations.

ORDER :

NAGESH BHEEMAPAKA, J.

Letter dated 06.09.2024 rejecting petitioner’s claim for pension is assailed in this Writ Petition on the ground that it violates the judgment of this Court in Writ Petition No. 345 of 2021, dated 15.12.2023 and is contrary to the law laid down by the Hon’ble Supreme Court in Gurdial Singh v. Union of India , (2001) 8 SCC 8 , which mandates a liberal and non-technical approach while considering claims under the Swatantra Sainik Sanman Pension Scheme.

2. Petitioner claims to be the widow and dependent of Late Katanguru Narasimha Reddy, who participated in Hyderabad Liberation movement during 15.08.1947 to 17.09.1948. She seeks family pension under the Swatantra Sainik Sanman Pension Scheme, 1980 (for short, ‘the Scheme’). It is stated the Government of India recognised the Hyderabad Liberation Struggle against Nizam’s Rule as part of the freedom movement and extended the Pension Scheme to its participants and constituted a Special Screening Committee on 05.10.1983 under the chairmanship of Sri G.M. Shroff. The Committee identified 98 border camps, including 41 in Telangana, 37 in Marathwada and 20 in Karnataka, examined about 21,000 cases and recommended nearly 7,000 cases.

2.1. Petitioner’s husband is stated to have participated in Chanda Camp headed by Mr. K.V. Narsing Rao for a period exceeding six months, however, his case was not initially included among the recommended cases. Later, following the representations regarding omission of eligible freedom fighters, the Screening Committee was reconstituted several times, including by proceedings dated 30.08.1990 and 17.12.1996 under the chairmanship of Sri N. Giri Prasad and again in 1997, under the chairmanship of Sri Ch. Rajeshwar Rao. The Committee chaired by Sri Ch. Rajeshwar Rao conducted extensive deliberations for over one year, undertook field visits along with the Deputy Secretary, Home Affairs, Government of India, and collected A, B, C and D Forms from recommended candidates to expedite sanction of pension. Petitioner’s husband had submitted his application for pension on 04.08.1987.

2.2. Based on the recommendations of the last Screening Committee, Applications were scrutinised by the Revenue Divisional Officer and the District Collector, and were forwarded through the Government of Andhra Pradesh to the Deputy Secretary, Ministry of Home Affairs. The Central Government issued D.O. No.112-5/Misc98-FF(HC) Vol-III, dated 06.07.2000 to the Government of Andhra Pradesh enclosing a list of 21 persons forwarded by Shri K.V. Keshavulu, former member of N. Giri Prasad Committee and Ch. Rajeshwar Rao Committee, seeking verification and entitlement reports. The name of Late Katanguru Narasimha Reddy appeared in the said list. Thereafter, the Revenue Divisional Officer, by letter dated 22.12.2001, recommended petitioner’s husband as a freedom fighter to the District Collector, Warangal, after completing verification. The District Collector, Warangal, after additional verification, addressed letter Rc.No.C5/92/2002 dated 2002 to the Government of Andhra Pradesh recommending petitioner’s husband for grant of freedom fighters’ pension.

2.3. Despite these recommendations, petitioner’s husband did not receive pension during his lifetime and passed away in 2002. Following litigation concerning pending claims of freedom fighters, Respondent No.1 issued Letter No.112/5/98- FF(HC)-E dated 2003 granting pension to petitione