Partly allowed

Bejagam Swarajyam, W/o. Late Ramulu v. The Government of India

Telangana HC28 Feb 2013WP/24375/2012

Case brief

AI extract

What is this about?

A writ petition was filed declaring the Ministry of Home Affairs' inaction in granting family pension illegal. The Court disposed of the petition on condition that petitioners approach the District Collector, Warangal with necessary documents, directing the Ministry to ensure pension is issued without loss of time. A related matter was declared infructuous.

What did the court decide?

Petitioners permitted to approach District Collector, Warangal; Respondent No.2 directed to issue instructions and ensure family pension is granted within two weeks.

Bejagam Swarajyam, W/o. Late Ramulu Vs The… — Pension and Retirement Benefits | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24375 of 2012

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Dated 2 8 th February, 2013

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Between:

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Bejagam Swarajyam and another and

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…Petitioners

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The Government of India, rep.by its Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, Loknayak Bhavan, Khan Market, New Delhi-3 and another

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…Respondents

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Counsel for the petitioners: Ms. B.Avani Reddy for Sri Kowturu Vinaya Kumar

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Counsel for respondent No.1: Smt.G.Rukmini Counsel for respondent No.2: AGP for Revenue

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The Court made the following:

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ORDER:

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At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties.

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This writ petition is filed for a mandamus to declare the inaction of respondent No.1 in considering the petitioners’ request for release of pension as per their representation, dated 27.10.2010, and affidavit, dated 06.09.2010, for grant of pension under Swatantra Sainik Samman Pension Scheme, 1980 as illegal and arbitrary. In the counter affidavit filed by the Under Secretary, Home Affairs, it is inter alia stated that as per the instructions issued by the Ministry of Home Affairs vide Letter bearing No.8/17/89-FF (P), dated 01.05.1992, all the Disbursing Officers have been authorised to commence payment of family pension on receipt of death certificate and application for payment of family pension in prescribed form, that where nomination does not exist, the Disbursing Officer may make payment of family pension after confirming the dependants’ relationship with the freedom fighter. The counter affidavit enclosed a copy of the said letter. It is further stated that the State Government has been advised to process the applications of the petitioners under intimation to them and the District Collector, Warangal vide Home Ministry’s letter, dated 13.12.2012, a copy of which is also enclosed to the counter affidavit.

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The learned Assistant Government Pleader for Revenue, on instructions, submitted that the petitioners have not approached the District Collector, Warangal with the letter and the affidavit as envisaged under the Government of India’s letter, dated 01.05.1992 and that if and when the petitioners approach the District Collector, Warangal, he will receive the application and affidavit of the petitioners and issue appropriate instructions to the Pension Disbursing Officer.

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Having regard to the above submissions of the learned Assistant Government Pleader, the writ petition is disposed of by permitting the petitioners to approach the District Collector, Warangal by filing the application and affidavit. Respondent No.2 is directed to issue necessary instructions to the District Collector, Warangal within a period of two weeks from the date of receipt of a copy of this order to entertain the petitioners’ application and affidavit and do the needful, within a time bound manner to ensure that one of the petitioners receives family pension without any loss of time.

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As a sequel to disposal of the writ petition, W.P.M.P.No.31113 of 2012 shall stand disposed of as infructuous.

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C.V.NAGARJUNA REDDY, J

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28^th February, 2013 VGB

Bejagam Swarajyam, W/o. Late Ramulu v. The Government of India

Case brief

What is this about?

What did the court decide?

Bejagam Swarajyam, W/o. Late Ramulu v. The Government of India

Case brief

What is this about?

What did the court decide?

What the court decided

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