- 1 - NC: 2025:KHC-K:1606 WP No. 200612 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200612 OF 2025 (GM-FF) BETWEEN: KUMARI PADMAVATI D/O PENTAREDDY, AGE: 44 YEARS,OCC: HOUSEHOLD, R/O: MANGALAGI,TQ: HUMNABAD, DIST: BIDAR. …PETITIONER (BY SRI SHRIHARSHA R.HARWAL, ADVOCATE) AND: 1. UNION OF INDIA BY THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS DIVISION LOKANAYAKA BHAVAN NEW DELHI. 2. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE – 01. 3. THE DEPUTY COMMISSIONER BIDAR DISTRICT, BIDAR – 585 401. …RESPONDENTS (BY SRI SUDHIR SINGH R. VIJAPUR, D.S.G.I., FOR R1; SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R2 AND R3) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1606 WP No. 200612 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 24.10.2024, MADE BY THE PETITIONER THE COPY OF WHICH IS AT ANNEXURE-J AND THE HON’BLE COURT BE PLEASED TO ISSUE UNIT IN THE NATURE OF MANDAMUS TO THE CONCERNED AUTHORITIES NAMELY RESPONDENT NO.1, 2 DIRECTING THE RESPONDENT NO.1 TO PAY THE PENSION UNDER CENTRAL SAMMAN PENSIONS SCHEME 1980 TO THE PETITIONER OF THEIR PARENTS AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Heard the learned counsel appearing for the petitioner as well as Sri Sudhir Sing R. Vijapur, learned Deputy Solicitor General of India appearing for respondent No.1 and the learned Government Advocate for respondents No.2 and 3. 2. The petitioners sought writ of mandamus to consider the representation dated 24.10.2024 and direction is sought against 2nd respondent to consider the same. The second prayer is to direct the respondents No.1 - 3 - NC: 2025:KHC-K:1606 WP No. 200612 of 2025 and 2 to pay pension under Central Samadhan Pension Scheme, 1990 to the petitioner and direct the respondent No.1 to release the arrears of pension. 3. Learned counsel for the petitioner submits that petitioner’s mother Smt. Manikamma was a freedom fighter and petitioner’s father Sri. Pentareddy was also a freedom fighter. Petitioner claims that her mother died on 03.12.2022. Before her death, she had filed a writ petition 7527/2008 seeking writ of mandamus to consider her claim for payment of pension under freedom fighters pension scheme. 4. It is stated that in terms of order dated 11.11.2010 a direction was issued by this Court to the Deputy Commissioner, Bidar to forward the recommendation to 1st respondent Union of India. The petitioner further states that the recommendation was forwarded on 25.03.2011 by the Deputy Commissioner, Bidar. In the said letter which is - 4 - NC: 2025:KHC-K:1606 WP No. 200612 of 2025 produced along with the memo dated 12.03.2025, it is noticed that the Deputy Commissioner, Bidar has addressed the letter pursuant to the order in W.P. No.7527/2008. Then it is certified that Smt. Manikamma W/o late Sri Pentareddy was the freedom fighter and was eligible for pension. 5. It is also noticed that the Assistant Commissioner has addressed a letter to the Deputy Commissioner stating that the petitioner’s mother is eligible. It is also noticed that the Under Secretary to Government of Karnataka vide letter dated 23.05.2011 has addressed a letter to 1st respondent forwarding recommendation made by the Deputy Commissioner to sanction family pension to Smt. Manikamma. 6. It is further noticed that on 07.09.2012 the Principal Secretary to the Government of Karnataka has also addressed a letter to 1st respondent recommending the freedom fighter pension to petitioner’s mother - 5 - NC: 2025:KHC-K:1606 WP No. 200612 of 2025 pursuant to the recommendation made by Deputy Commissioner. 7. Respondent No.1 has not taken any action. There is nothing on record to hold that action is taken pursuant to the recommendation made by the Deputy Commissioner. 8. Thereafter, after the death of petitioner’s mother petitioner’s two daughters fled writ petition 201249/2016 and said petition was allowed vide order dated 25.03.2022 directing the petitioner to file fresh application seeking pension to unmarried daughters of freedom fighter. Direction is also issued to the jurisdictional Deputy Commissioner to forward the same to the Central Government respondent No.1. Pursuant to the said order, petitioner filed an application dated 24.10.2024 to confer the benefit pursuant to mother’s application who died on 03.12.2022 before consideration of her application seeking freedom fighter’s pension. It is also noticed - 6 - NC: 2025:KHC-K:1606 WP No. 200612 of 2025 that there is no response to the application dated 24.10.2024. 9. Learned counsel appearing for 1st respondent would contend that the petitioner’s cannot maintain the petition on the premise that Deputy Commissioner has not yet sent the recommendation and he would submit that the claim will be considered only in case the Deputy Commissioner sends the recommendation. 10. Learned Government Advocate would submit that the Deputy Commissioner would send the recommendation pursuant to the prayer made in the representation dated 24.10.2024. 11. It is noticed that there is already a recommendation by the Deputy Commissioner to 1st respondent Union in terms of recommendation dated 04.09.1993. Same is produced along with the memo dated 12.03.2025 and it is also noticed that no action is taken pursuant to the said application. Under these - 7 - NC: 2025:KHC-K:1606 WP No. 200612 of 2025 circumstances, 3rd respondent Deputy Commissioner is directed to make recommendation to 1st respondent to sanction family pension to the petitioner and he shall also forward the copy of recommendation dated 04.09.1993 made earlier. Thereafter, 1st respondent shall consider the claim and pass appropriate orders in accordance with law. The whole exercise shall be completed within three months from the date of receipt of this order. 12. It is made clear that the benefit payable to the daughter late Smt. Manikamma shall be given to the petitioner if the petitioner places materials to show that she is the daughter of Smt. Manikamma. 13. The petition allowed as above. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 33