The Supreme Court allowed a writ petition filed by the widow of a deceased freedom fighter, directing the Government of Andhra Pradesh to restore her eligibility for pension arrears and future family payments, noting the ineligibility of the husband was due to pending re-verification.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.29425 of 2013
Dated 1 2 th November, 2013
Between:
Ganuguntla Veeramma
…Petitioner
And
The Government of Andhra Pradesh, Department of Revenue, Freedom Fighters Division, Secretariat, Hyderabad and another
Respondents
Counsel for the petitioner: Sri K.Jagadishwar Reddy
Counsel for the respondents: AGP for Revenue
The Court made the following:
ORDER:
The petitioner is the widow of a freedom fighter, who was sanctioned freedom fighters pension on 05.11.1980. Respondent No.1 has issued instructions to the District Treasury Officer to stop payment of pension to the petitioner’s husband pending re-verification of his bona fides. Before restoration of the pension, the petitioner’s husband died on 28.07.2007. The petitioner made a representation on 13.08.2012 to the respondents for restoration of the pension. Respondent No.2 called for a report from the Revenue Divisional Officer, Narsampeta, and after receipt of the report, vide proceedings bearing Rc.No.A3/6425/2012, dated 29.05.2013, respondent No.2 recommended restoration of freedom fighters family pension to the petitioner. The grievance of the petitioner is that respondent No.1 has not restored the pension so far.
The learned Assistant Government Pleader for Revenue (TA), on instructions, submitted that the report submitted by respondent No.2 is under consideration of respondent No.1 and that as there is no
dispute on the petitioner’s entitlement for restoration of the family pension, respondent No.1 will issue appropriate order within a reasonable time.
Inasmuch the re-verification report sent by respondent No.2 found the petitioner eligible for restoration of pension, respondent No.1 shall pay all the arrears of pension payable to the petitioner’s husband during his lifetime and also the family pension arrears from the date of death of the petitioner’s husband to the petitioner, besides payment of family pension in future. Respondent No.1 is accordingly directed to release the arrears of pension and family pension as referred to above, within a period of two months from the date of receipt of a copy of this order.
The writ petition is accordingly allowed.
As a sequel to disposal of the writ petition, W.P.M.P.No.36563 of 2013 is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
12th November, 2013 VGB
2 issues framed by the court
Whether the petitioner, as the widow of a deceased freedom fighter whose pension was stopped pending re-verification, is entitled to the restoration of pension and arrears.
Whether the High Court is justified in directing the respondent to pay the arrears of freedom fighters pension and family pension to the petitioner.
Ganuguntla Veeramma
Government of Andhra Pradesh, Department of Revenue, Freedom Fighters Division, Secretariat, Hyderabad
another
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
