Aatmuri Raghavaiah, v. Union Of India,
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.23229 of 2014 ORDER:
This writ petition is filed seeking the following relief :- " .....to issue a writ of Mandamus or any other order writ or direction to declare the petitioner as a freedom fighter and to grant the petitioner freedom fighters pension forthwith ......" .
Heard Mr.S.S.Prasad, learned Senior counsel appearing for the petitioner, the Assistant Solicitor General appearing for the 1st respondent and the learned Government Pleader for Revenue appearing for respondents 2 to 5.
It has been contended by the petitioner that he is a freedom fighter and the respondents have introduced Freedom Fighters Pension Scheme and he has submitted an application seeking Freedom Fighters Pension, but the respondents have not sanctioned Freedom Fighters Pension so far. Hence, the present writ petition. Learned counsel appearing for the petitioner submits that the State Government has not forwarded the application of the petitioner to the Central Government and therefore appropriate orders be passed in the writ petition directing the State Government to forward the application of the petitioner to the Central Government and further directing the Central Government to consider the case of the petitioner for Freedom Fighters Pension in accordance with law.
Learned Assistant Solicitor General and the learned Government Pleader submit that the respondents would consider the case of the petitioner within a reasonable period of time. This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing
the State Government to examine the case of the petitioner and if he fulfils the eligibility criteria, the State Government shall recommend the case of the petitioner to the Central Government, which in turn would consider the case of the petitioner for Freedom Fighters Pension and if he is found eligible, grant Freedom Fighters Pension in favour of the petitioner. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
With the above observations, the writ petition is disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 05-02-2020 Prv