The vs Following The Above Said Judgment
2022 Latest Caselaw 6535 AP

            HON'BLE SRI JUSTICE BATTU DEVANAND


                   WRIT PETITION No.28900 of 2022

ORDER:

The petitioners were being paid widow pension and old age

pension from the year 2017 and 2010 respectively. Subsequently, the

payment of pension to these petitioners was stopped. Aggrieved by

the stoppage of pension, without any notice and without any

opportunity of hearing being given, the petitioners have approached

this Court by way of the present writ petition.

In similar circumstances, a learned Single Judge of this Court had

considered the issue of stoppage of such pension payments and

passed orders in W.P.No.18874 of 2020 & Batch dated 27.09.2021.

Following the above said judgment, this writ petition is disposed

of with the following directions:

i) The respondents are directed to make payment of pension to

the petitioners from the month when it was stopped to till

date forthwith.

ii) The Mandal Parishad Development Officer of the concerned

Mandal is directed to receive and verify the documents of the

petitioners in his village within seven (7) days from the date

of this order.

iii) If the Mandal Parishad Development Officer is otherwise

busy, he shall depute Panchayat Secretary and Village

Revenue Officer of the concerned village for this purpose.

iv) The Mandal Parishad Development Officer shall intimate the

date of verification of documents to the petitioners two days

in advance.

v) The petitioners shall submit relevant/requisite documents to

establish their eligibility for entitlement of pension for which

they are seeking before the Mandal Parishad Development

Officer or the officers deputed.

vi) Upon production and verification of the documents submitted

by the petitioners, the Mandal Parishad Development Officer

shall examine the eligibility of the petitioners and include

their names in the eligibility list within seven (07) days

thereafter.

vii) If, the case of any petitioner is not considered for old age

Pension, the Mandal Parishad Development Officer, shall

intimate the reasons in writing to the petitioner immediately

under proper acknowledgment.

viii) In the event of any dispute as to the age of the petitioners,

the same shall be referred to a Board of Government Doctors

to be constituted by the District Collector, Vizianagaram for

ascertaining the age of the petitioners.

ix) The respondents are directed to continue the payment of

pension to those petitioners, every month, who have

satisfied the eligibility criteria.

x) The entire process shall be completed within three (3) weeks

from the date of this order.

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand,

closed.

______________________________ JUSTICE BATTU DEVANAND

08.09.2022

MP

HON'BLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.28900 of 2022

Date: 08.09.2022

MP