Andhra Pradesh High Court - Amravati
Mudraboyina Venkata Lakshmamma vs The State Of Andhra Pradesh on 25 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY FIFTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 5916 OF 2024
Between;
Mudraboyina Venkata Lakshmamma, W/o Ramanjaneyulu, Aged about
83 years, R/o Upparapalem Village. Ponnur Mandal, Guntur District.
...PETITIONER
AND
1. The State Of Andhra Pradesh, Rep. by its Principal Secretary,
Panchayat Raj and Rural Development, Secretariat, Velagapudi,
. Amaravathi.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, GVWV
and VSWS Department (Grama Volunteers Ward Volunteers and
Village Secretariat Department) Tadepalli, Guntur District, Andhra
Pradesh.
3. The Special Commissioner, Panchayat Raj GVWV and VSWS
Department (Grama Volunteers Ward Volunteers and Village
Secretariat Department) Tadepalli, Guntur District, Andhra Pradesh
4. The District Collector. Guntur District. Guntur.
5. The Chief Executive Officer, SERP, Society for Elimination of Rural
Poverty, Guntur, Guntur District
6. The Project Director, DRDA (District Rural Development Agency)
Guntur, Guntur District.
7. The Mandal Parishad Development Officer. Mandal Praja Parishad,
Ponnur, Guntur District.
8. Upparapalem Gram Panchayat, Represented by its Panchayat
Secretary, Upparapalem, Ponnur Mandal, Guntur District.
...RESPONDENTS
I Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
; ..pleased to issue a writ order or direction more particularly, one in the nature
of Mandamus, declaring the action of Respondents in not granting
didage pension to the Petitioner under the guise of a notice dated
"^•,- 27.08.2021 issued by Respondent No.7 as illegal, arbitrary and violative of
■ Articles 14 and 21 of Constitution of India apart and consequently to direct
the respondents to restore and grant the oldage pension from the date df
removal to till date.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the Circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased
to direct the Respondents to provide financial assistance under YSR
Pension Scheme in terms of G.O.M.S.No.174 Panchayat Raj and Rural
Development (RD.I) Department dated 13.12.2019 pending disposal of the
above writ petition.
Counsel for the Petitioher(s): SRI. ARUN SHOWRI G
Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL
DEV (AP)
Counsel for the Respondent Nos.2 to 5: GP FOR GVWV & VSWS
DEPARTMENT
Counsel for the Respondent No.6: SRI HARISH KUMAR RASINENI, SC
FOR SERF
Counsel for the Respondent Nos.7,8: SRI G VENKAT REDDY, SC FOR
GRAM PANCHAYAT
The Court made the following: ORDER
<5
APHC010112862024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3332]
(Special Original Jurisdiction)
y
TUESDAY ,THE TWENTY FIFTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 5916/2024
Between:
Mudraboyina Venkata Lakshmamma ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.ARUNSHOWR1 G
Counsel for the Respondent(S):
1.HARISH KUMAR RASINENI SC FOR SERF
2.VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT
3.GP FOR REVENUE (AP)
4.GP FOR PANCHAYAT RAJ RURAL DEV (AP)
The Court made the following:
ORDER:
The grievance of the petitioner is that the respondents are not releasing
old age pension to her under the guise of notice dated 27.08.2021 issued by
the 7^'^ respondent.
2. Heard Sri G.Arun showri, learned counsel for the petitioner and Sri
Harish Kumar Rasineni, learned Standing counsel for SERP.
K
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f. ;
3.
Learned counsel for the petitioner in elaboration contended that,
pursuant to filing of this writ petition, the authorities have released the pension
(old age) amount to the petitioner, however they did hot pay arrears. Ha
further submitted that, this issue is squarely covered by the orders passed by
this Court in W.P.Nos.18444 of 2021 and accordingly prayed to pass similar
order for releasing arrears as well.
4.
On the other hand, learned standing counsel submitted that, having
found the petitioner eligible for granting pension, the authorities had released
the pension amount to her but she cannot claim arrears. As such prayed to
pass orders in that regard.
5.
It is not in dispute that the petitioner is eligible for granting pension and
the petitioner is receiving the sarhe from the year 2012 till August, 2021 and
later pension was stopped by issuing a notice dated 27.08.2021. Aggrieved
thereby filed the present writ petition. Now the contention of the petitioner is
that, pursuant tC filing of this writ petition, the authorities have released
pension to petitioner but did not pay arrears to her whereas learned standing
counsel s contention is that the petitioner is not entitled for payment of arrears.
It is settled that, once the petitioner is found eligible for granting pension,
denying the payment of arrears is untenable. The judgment relied by the
learned counsel for the petitioner is applicable to the facts of this case. As the
issue involved in the writ petition iS a pure question of law, no counter is
required. In view of the above, this Court is inclined to dispose of the writ
petition with the following direction:
the respondent authorities are directed to pay arrears to the petitioner
within eight(08) weeks frorn the date of receipt of c6py of this Order.
Accordingly, the writ petition is disposed of. No costs.
Miscellaneous applications, pending if any, shall stand closed.
Sd/- SHAIK WIOHb. RAFI
ASSISTANT REGISTRAR /
//TRUE COPY/I
OFFICER
to,
1. The Principal secretary, Panchayat Raj and Rural Development,
Secretariat, Velagapudi, Amaravathj.
I
I
I
I
2. The Principal Secretary, GWW and VSWS.Department (Grama
Volunteers Ward Volunteers and Village Secretariat Department)
Tadepalli, Guntur District, Andhra Pradesh.
3. The Special Commissioner, Panchayat Raj GVWV and VSWS
Department (Grama Volunteers Ward Volunteers and Village
Secretariat Department) Tadepalli, Guntur District, Andhra Pradesh
4. The District Collector, Guntur District, Guntur.
5. The Chief Executive Officer, SERP, Society for Elimination of Rural
Poverty, Guntur, Guntur District
6. The Project Director, DRDA (District Rural Development Agency)
Guntur, Guntur District.
7. The Mandal Parishad Development Officer, Mandal Praja Parishad,
Ponnur, Guntur District.
8. Panchayat Secretary,Upparapalem Gram Panchayat, Upparapalem,
Ponnur Mandal, Guntur District.
9. One CC to Gfi. Afun Showri G, Advocate [OPUC]
10. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV (AP) ,High
Court Of Andhra Pradesh. [OUT]
11. One CC to Sri. Venkat Reddy G. Advocate [OPUC^
12. One CC to Sri. Harish Kumar Rasineni, SC for SERP,[OPUO
13. Three CD Copies
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HIGH COURT TL
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DATED:25/06/2024
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DISPOSING OF THE WP WITHOUT COSTS
