Pati Kesava Rao vs Secretary, Home Department and Another

D.S.R. Varma, J.—This writ petition is filed declaring he proceedings of the 1st respondent dated 04.03.1999 in rejecting the application of the petitioner for grant of freedom fighters pension as illegal and arbitrary.

The averments in brief are that the petitioner was a Freedom Fighter. A scheme was introduced in the year 1972 to grant pension to the freedom fighters. Subsequently, in the year 1990, a modified scheme was introduced by the Government of India imposing certain conditions and required applications from the candidates who are seeking freedom fighters'' pension. As per the said requirement, the record if any available with the applicant shall be forwarded to the State Government and the State Government has to conduct an enquiry and send recommendations to the Union Government with the recommendations and upon such recommendations, the Union Government has to consider the case of the applicant and grant pension if the genuineness of the applicant was involved.

The applicant made an application to the State Government along with the relevant material including all the certificates for the purpose of consideration of the application for pension. But the same was not considered. Hence he filed a writ petition in W.P.NO.8133 of 1995, wherein this court issued directions to the State Government to send a report to the Union Government after conducting an enquiry for further action. Consequent upon the above said directions of this Court, after conducting an enquiry, the State Government sent a report to the Government of India and basing on such report, orders of rejection have been passed.

A perusal of the impugned letter dated 04.03.1999 discloses various conditions to be complied with by the applicant and it further reveals that the Government of Andhra Pradesh vide letter dated 12.1.1999 have furnished their comments/reports in the matter, wherein it is observed by the State Government that in spite of the issuance of notice by the Mandal Revenue Officer, Guntur, the petitioner did not turn up for enquiry and cooperate with the Enquiry Officer. However, it was noted that the petitioner addressed a letter dated 23.08.1998 to the Revenue Divisional Officer, Guntur, with all the relevant documents in this regard. It appears that the Revenue Divisional Officer, Guntur, again called upon the petitioner to attend an enquiry on 5.11.1998 along with the applications for grant of pension with the supporting documents. But again, the petitioner reiterated his earlier stand stating that the entire material had been forwarded to the Union Government. When the petitioner was called upon by the Officials of the State Government to participate in the enquiry, but the same was turned down by the petitioner twice. This conduct of the petitioner amounts to refusal to participate in the enquiry merely because the material which the petitioner feels as relevant, was submitted to the State Government and the same does not mean that the State Government has to pass appropriate orders in favour of the petitioner even without conducting any enquiry. In other words, mere submission of relevant documents itself is not sufficient on the part of the petitioner and also not enough for the State Government to conduct an enquiry. Enquiry includes the physical appearance of the candidate. Perhaps, such an enquiry was counter filed by the State Government. This failure on the part of the petitioner is a deliberate refusal to participate in the enquiry. In such circumstances, the Central Government had taken into account the recommendations of the High Court as well as the State Government and had no other option except to reject the request of the petitioner who is seeking pension.

For the foregoing reasons, I do not rind any illegality or irregularity in the action taken by the State Government. Hence I do not find any merit in the writ petition and it has to be dismissed. It is accordingly dismissed. No costs.