Chava Kamalamma v. The Union Of India, Rep. By Its Under Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] MONDAY THE TWELVETH DAY OF SEPTEMBER, 2016 PRESENT WRIT PETITION NO. 30738 OF 2016 Between:

Chava Kamalamma ...

Petitioner V/s.

The Union of India, Rep. by its under Secretary, FF Division, Ministry of Home Affairs, New Delhi City Centre, NDMC Building, Parliament Street, New Delhi & Ors.

...

Respondents Counsel for the Petitioner:

Smt. Sujatha Kurapati Counsel for the Respondents:

Sri AVS Ramakrishna for R-1 GP for Revenue [TG] R2 & R3 The court made the following:

[order follows]

WRIT PETITION NO. 30738 OF 2016 O R D E R :

This writ petition is filed by the petitioner seeking mandamus to declare the action of respondent No.1 in not considering the claim of the petitioner for grant of pension under "Swatantra Sainik Samman Pension Scheme - 1980" despite verification report sent by the respondent No.2 to the respondent No.1, vide Letter No. 41254/FF.1/A2 2003 dated 30/102003 with regard to petitioner's husband Late Sri Ch. Guravaiah as illegal, arbitrary and contrary to the record and violative of principles of natural justice and consequently to direct the respondent No.1 to consider the claim of the petitioner for grant of pension to her from the date of applications of her husband dated 9/7/2007, 14/5/2009 and 07/6/2016 and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.

2. Heard the learned counsel appearing on behalf of petitioner, learned standing counsel for respondent No.1 and learned Government Pleader for respondents 2 and 3.

3. Learned counsel appearing on behalf of the petitioner submits that despite repeated representations, the petitioner has not received any communication from the respondents.

4. Counsel appearing on behalf of respondent No.1 on advance notice has assured this Court that the representations of the petitioner shall be disposed of in terms of the time stipulated by this Court.

5. Keeping in view of the averments made in the affidavit filed in support of the petition and the submission made by the learned standing counsel for respondent No.1, I deem it appropriate to direct the respondent No.1 to dispose of the representations mentioned above and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that if the petitioner is aggrieved

with the orders passed by the respondent No.1, the petitioner may challenge the same before appropriate forum available under law.

6. With the above direction, the writ petition is disposed of at the stage of admission. No costs.

7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

12/09/2016 I s L

WRIT PETITION NO. 30738 OF 2016 Date: 12/09/2016 Circulation No.

Court Master: I s L