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B.S. Raikote, J.—Though the matter is in the admission list, both the Counsel submitted that the same could be disposed of on merits.
Heard. The case of the petitioner is that he is a freedom fighter and getting freedom fighters'' pension from the Central Government. He further submitted that in terms of G.O. Ms.No. 241 dt. 12-9-94, he is entitled to free bus pass from APSRTC. But by Proceedings No. P9/294 (55)/95-OPD (p) dated 5-1-96, the respondent Corporation rejected his application on the ground that his date birth is 10-10-1929 and he had not completed 65 years of age as on 14-9-1994. The petitioner contends that this order of the Corporation is illegal and without jurisdiction and contrary to the G.Os. issued by the Government. On the other hand, the learned Counsel for the Corporation submits that the application of the petitioner has been rejected in view of the Circular of the Corporation dated 30-9-94 vide Circular No. 52/94- OPD (P). Because, according to that Circular a person should have completed 65 years of age as on 14-9-1994. Therefore, there is no illegality in the impugned proceedings of the Corporation.
I have perused the G.O.Ms.No. 241 issued by the State Government on 12-9-1994. The said order reads as under:
''GOVERNMENT OF A.P.
Abstract
A.P.S.R.T.C. - Issue of Free Bus Passes to the Freedom Fighters in the State who were aged 65 years and above - Orders - Issued.
TRANSPORT, ROADS & BUILDINGS (TR.III) DEPT.
G.O.Ms.No. 241 Dated 12-9-1994 Read the following:
From the VC & MD, APSRTC, Lrs. No. C1/294 (46)/ 92-OPD (P)
dt 30-1-1993 and dt. 26-10-93.
ORDER
The Government have examined the request for issue of free bus passes to the Freedom Fighters in the State, and after careful consideration, decided that free bus passes shall be issued to all the Freedom Fighters of the State who are aged 65 years and above to travel free on the A.P.S.R.T.C. Buses, as a social obligation.
Accordingly, the Vice-Chairman & Managing Director, A.P.S.R.T.C., is requested to issue free bus passes to all the Freedom Fighters in the State whose age is 65 years and above, to travel free in the A.P.S.R.T.C. buses, after satisfying about the proof relating to the age of the individual and the documentary evidence of the Freedom Fighter, viz., Freedom Fighters Pension Sanction Order of State Government.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF A.P.)
C. Arjuna Rao Principal Secretary to Government"
It is brought to my notice that by G.O.Ms.No. 252 dated 24-9-94, the earlier G.O.Ms.No. 241 dt 12-9-94 has been modified. The later G.O.No. 252 reads as follows:
GOVERNMENT OF ANDHRA PRADESH Abstract
A.P.S.R.T.C. - Issue of Free Bus Passes to the Freedom Fighters in the State who are aged 65 years and above - Orders - Amendment Issued.
------------------------------------------------------------------------------------- TRANSPORT, ROADS & BUILDINGS (TR.III) DEPARTMENT
G.O.Ms.No. 252 Dated 24-9-1994. Read the following:
(1) G.O.Ms.No. 241, TR & B Dpt. dt 12-9-94
(2) From the A.P. Freedom Fighters Organisation, Hyderabad, Representation dt. Nil.
The Andhra Pradesh Freedom Fighters Organisation, Hyderabad in its representation second read above has requested to extend the concession of issuing free bus passes to the Government of India Freedom Fighter Pensioners as well as pensioners of Andhra Pradesh State also. After careful consideration, the Government hereby direct that the orders issued in the G.O. first read above shall apply to all the freedom fighters of Andhra Pradesh whose pension was sanctioned either by Government of Andhra Pradesh or Government of India.
2) The Vice-Chairman & Managing Director, APSRTC is requested to take necessary action accordingly.
(BY ORDER AND IN THE NAME OF GOVERNOR OF A.P.)
C. ARJUNA RAO PRINCIPAL SECRETARY TO GOVT."
From a reading of the first G.O. dt 12-9-94 it is clear that whoever has completed 65 years of age and who is a freedom fighter, he would be entitled to a bus pass to travel free in A.P.S.R.T.C. Bus. That order restricted the said benefit to only those freedom fighters who got freedom fighters'' pension from the State Government and by subsequent G.O. dated 24-9-1994 such benefit was extended even to the freedom fighters who are getting freedom fighters'' pension from Government of India also.
From a reading of both the orders it is clear that a freedom fighter getting pension either from the State Government or from the Government of India would be entitled to a free bus pass provided he has completed the age of 65 years as on the date of his application, claiming the benefit under these G.Os.
However, the A.P.S.R.T.C. issued Circular No. 52/94-OPD (P) Dated 30-9-94 interpreting these G.Os. as under:
"ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION.
No. C1 /294 (46) 92-OPD (P) Office of the VC & MD Musheerabad, Hyderabad
Circular No. 52 /94-OPD (P) dated 30-9-94
Sub:- BUS PASSES - Free travel bus passes to the certain Freedom Fighters who are aged 65 years and above and who are drawing pension from the Government of Andhra Pradesh - Instructions issued - Reg. Ref: G.O.Ms.No. 241 dt 12-9-94 issued by the Principal Secretary to Government of A.P. Transport, R & B, Dept. (2) G.O.Ms.No. 252, dt 24-9-94 issued by the Principal Secretary to Govt. of A.P., Transport, R & B Department. 1.O. INTRODUCTION
The Govt. of A.P., vide G.Os. cited have decided that free bus passes shall be issued to all the Freedom Fighters of the A.P. Stage who are aged 65 years and above and drawing pension either from the Government of A.P. or Government of India.
The matter has been examined in detail and it is decided to issue free travel bus passed to the Freedom Fighters who are aged 65 years and above and who are born prior to 13-9-1929, pending sanction by the Corporation Board.
2.0 PROCEDURE FOR OBTAINING PASSES:
The Freedom Fighters desirous of obtaining the free travel bus pass, shall approach the Regional Manager of the area concerned under whose jurisdiction the native place of the Freedom Fighter falls, through an application in the proforma as at Annexure-I which would be supplied by the R.M. together with the following documents:
(1) Pension payment order in original for verification and return
(2) Certificate to prove the date of birth and age in case of Freedom Fighters, whose date of birth is not mentioned in the pension payment order and also in case of illiterates, they have to produce an affidavit certifying the age. (the Freedom Fighter of having born on or before 13-9-1929)
(3) Two latest passport size photographs.
Andhra Pradesh Central Pension Identity Card of Freedom Fighters
P.P.No. Card No.
Name of the Freedom Fighter:
Date of Birth:
Father''s Name:
Full Address:
Personal Marks of Identification:
Signature of the Freedom Fighter: Place:
Date:
Sd/- Signature of the District Revenue Officer.
From a reading of this Circular of the corporation, it is dear that this circular takes the date 12-9-1994 (i.e., the date of G.O.Ms.No. 241) as cut off date and it states that only those persons who had attained the age of 65 years as on 12-9-1994 only would be entitled to it, but not any other person. According to this Circular, a person who was born subsequent to 13-9-1929 would not be entitled to bus pass even if he has attained the age of 65 years, but that is not correct. Incidentally, G.O.Ms.No. 241 is dated 12-9-94. The intendment of the G.O.Ms.No. 241 is to provide the benefit of this free pass to those freedom fighters who have completed 65 years of age. In other words, according to the G.Os. issued by the Government, whoever has completed the age of 65 years as on the date of his application, would be entitled to the benefit of the G.Os. In this view of the matter, the Corporation could not have fixed the cut off date as on 12-9-94. Thus, the Circular No. 52/94, dated 30-9-94 of the Corporation would be contrary to the G.Os. Nos.241 and 252 to the extent it provides a cut off date and to that extent, it is liable to be declared as illegal and unenforceable.
Hence, I allow the writ petition and quash the order of the respondent-Corporation, dated 5-1-1996 in proceedings No. P 9/294 (55)/95-OPD (p) and also declare that the Circular issued by the Corporation, dated 30-9-1994 vide Circular No. 52/94-OPD (P) as illegal to the extent it provides the cut off date as on 12-9-1994, and further declare that a Freedom Fighter, who is getting the pension either from the State Government or the Central Government who has completed the age of 65 years as on the date of his/her application, would be entitled for the issue of free travel bus pass by the APSTRC, in terms of G.O.Ms.No. 241, dated 12-9-1994 and G.O.Ms.No. 252, dated 24-9-1994 issued by the Government Andhra Pradesh. No costs.