THE HON’BLE MRS JUSTI CE SUREPALLI NANDA

ORDER :

Heard Mrs.Challa Apporva Reddy, learned counsel appearing on behalf of the petitioner, Mrs K. Mani Deepika, learned Standing counsel appearing on behalf of respondent Nos. 1 to 3 and learned Government Pleader for Revenue appearing on behalf of respondent No.4.

2. This Writ Petition is filed to issue a writ, order or direction to the respondents and more particularly one in the nature of writ of Mandamus setting aside the letter No.112/5/98-FF(HC) dated 29.04.2019 rejecting the pension of the petitioner and consequently direct the respondents particularly respondent No.1 to grant benefits of Swatantra Sainik Sanman Pension Scheme 1980 as per recommendations made by the then Government of Andhra Pradesh including all the pending arrears.

3. The case of the Petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition in brief, are as follow s:

a) The petitioner’s husband viz Mr.K.Narasimha Reddy was a freedom fighter having participated in the freedom movement and hence, the petitioner is entitled to the pension as nominees under Swatantra Sainik Sanman Scheme, 1980 on account of his suffering during freedom struggle and that the Special Screening Committee was pleased to consider the petitioner’s husband application and passed an unanimous resolution and recommended to the Government of India for sanction of pension vide its Agenda Serial No.273 dated 05.01.1997.

b) Thereafter, the 2^nd respondent, in pursuance of the said recommendation, further directed the 3^rd respondent, State Government vide letter No.112-5/Misc.98-F.F.(HC) Vol IV dated 06.07.2000, to enquire into identity and genuinety of records submitted by the petitioner’s husband and sought for a report. Accordingly, the Government of Andhra Pradesh, Revenue, (F.F.I) Department vide Rc.No.C5/92/2002 dated 2002 enquired and submitted a report to the 2^nd respondent duly recommending for grant of Freedom Fighters Pension to the petitioner’s husband.

c) During pendency of the pension application proceedings the petitioner’s husband passed away in the year 2023.

Therefore, the petitioner is entitled for Freedom Fighter Pension as dependent of political sufferer, under Swatantra Sainik Sanman Scheme 1980, and had filed an application before the 2^nd respondent to consider the petitioner’s case for grant of pension on account of her husband’s sufferings in pursuance of pending application submitted by the petitioner’s husband.

d) Accordingly, the 2^nd respondent passed orders on 29.04.2019, rejecting the application of the petitioner as per para 1.5 of circular orders issued revising the provisions of Swathanthra Sainik Samman Yojana, 1980 contending that since no Freedom Fighters Pension was sanctioned to the petitioner’s husband during his life time, as such the dependent is not entitled for family pension as per para 1.5 of the revised policy guidelines dated 06.08.2014. Hence, this writ petition.

4. The Counter Affidavit filed by Respondent Nos. 1 to 3, in brief, are as under:

ii) That in the year 2002, the State Government vide their letter dated 07.08.2002 had recommended the claim of the Petitioner's husband treating his claim as Hyderabad Special Screening Committee recommended case however, after examination of the claim it was found that his claim was not recommended by HSSC and the State Government had wrongly recommended the claim hence, this Ministry vide letter dated 27.02.2004 requested the State Government for the factual report/ clarification in this regard. After issuance of this Ministry letter dated 27.02.2004, the clarification was not received from the State Government. Further, the Petitioner had also not pursued the claim regarding the observations made therein. Subsequently, after a lapse of approximately 15 years, the Petitioner vide her application dated 19.01.2019 had approached this Ministry for grant of dependent pension. The said time