Smt. Rayala Savithramma, Khammam Dist. v. Jt. Secretary, Min. Of Home Affrs, Delhi And ANR

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.5867 of 2014 ORDER:

Heard the learned counsel for the petitioner and the learned Additional Standing counsel appearing for the 1st respondent. The prayer sought in the writ petition is as under: "... to issue writ or direction preferably writ of mandamus declaring the inaction of the respondent No.1 in considering the claim of the petitioner for grant of freedom fighters pension under Swatantra Sainik Samman Pension Scheme, 1980 despite reverification report sent by the respondent No.2 vide letter No.12546/FF-1/2011 dt.16.01.2012 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent No.1 to grant pension to the petitioner from the date of the application of her late husband in view of verification report sent by the 2nd respondent without any further delay."

During the course of hearing, the learned Additional Standing counsel brought to the notice of this Court from the counter affidavit that the claim of the petitioner for grant of freedom fighters' pension under Swatantra Sainik Samman Pension Scheme, 1980, has been rejected vide proceedings No.112/1937/97-FF(HC), dated 14.03.2014 of the 1st respondent. From a perusal of the said proceedings, it is evident that the prayer sought in the writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous. However, liberty is given to the petitioner to challenge the proceedings dated 14.03.2014 before the appropriate forum as per law. No costs.

Miscellaneous petitions, if any, shall also stand dismissed. _____________________ P. KESHAVA RAO, J Date: 19.11.2018.

ES