Pratapani Muthaiah vs Union Of India
2013 Latest Caselaw 630 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P.(C) No. 1103/1998

%                                                      8th February, 2013

PRATAPANI MUTHAIAH                                            ...... Petitioner
                 Through:                 None.


                            VERSUS

UNION OF INDIA                                                ...... Respondents
                            Through:      None.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

    To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.       By this writ petition the petitioner prays for grant of pension under the

Swatantrata Sainik Sanman Pension Scheme.

2.       A reference to the petition shows that the petitioner participated in

Hyderabad Freedom Struggle against the Nizam Government which was

supported by the British Rule. The petitioner, on 19.11.1987 applied for

getting of the pension and gave the necessary papers alongwith the

certificates of proof of freedom fighter. The petitioner thereafter kept on


WPC-1103/1998                                                            Page 1 of 3
 pursuing the respondent, but the respondent did not release the pension and

hence the present petition.

3.    The respondent has only filed a counter-affidavit. In this writ petition

and in the said counter-affidavit, it is an undisputed position that the

petitioner's case was recommended by the Hyderabad Special Screening

Committee for grant of pension, but the order of the Hyderabad Special

Screening Committee was subsequently stayed in a writ petition filed in the

Andhra Pradesh High Court vide orders dated 24.9.1997 in W.P. No.

4420/1997.

4.    Considering the fact that the respondent is not disputing that the

petitioner did apply under the scheme, he was qualified under this scheme

and therefore this case was proved by the Screening Committee, is sufficient

to allow the present writ petition. A Division Bench of this Court in the case

of Sh. Sukhai Thakur Vs. Union of India and Ors. decided on 2.11.2012

has directed grant of the freedom fighters' pension on compliance of the

necessary formalities, and in which case the facts pertained to an FIR being

lodged against a person and therefore his being underground.           I have

followed this judgment recently in the case of Sh. Bhola Jha Vs. Union of


WPC-1103/1998                                                       Page 2 of 3
 India & Ors. decided on 16.1.2013 in W.P.(C) No. 3453/2010.

5.    Aforesaid facts, and more particularly the fact that the petitioner's

case was approved by the Hyderabad Special Screening Committee, and

which must obviously be because the petitioner has complied with all the

terms and conditions of the scheme, petitioner will also be entitled to all the

arrears of pension from the date of his making the application, subject of

course to the fact that the order dated 24.9.1997 in WP(C) 4420/1997 is not

operative. Petitioner will also be entitled to interest at 6% per annum simple

from the date of filing of the present petition till the time the arrears of

pension are paid to the petitioner. Copy of this order be sent by registered

post AD, as also through the concerned District Judge in Warangal District,

Andhra Pradesh, to the petitioner. A copy of this order be sent to the

respondent through High Court Process Serving Agency.

6.    The writ petition is allowed and disposed of.




FEBRUARY 08, 2013                             VALMIKI J. MEHTA, J.

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