Andhra Pradesh High Court - Amravati
Rongala Venkata Swamy, vs The State Of Andhra Pradesh, on 27 June, 2024
APHC010369132020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY SEVENTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 24542/2020
Between:
Rongala Venkata Swamy, and Others ...PETITIONER(S)
AND
The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. V V N NARAYANA RAO
Counsel for the Respondent(S):
1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN)
2. RAVITEJA PADIRI
3. GP FOR PANCHAYAT RAJ RURAL DEV
The Court made the following:
ORDER:
-
This Writ Petition is filed under Article 226 of Constitution of India for the
following relief/s:-
"...pleased to issue an appropriate writ, order or direction
more particularly one in the nature of Writ of Mandamus
declaring the action of the 5th respondent in rejecting the old-
age pension on irrelevant grounds through Letter in
Rc.No.03/2020/PS dated 20.11.2020 is highly illegal, arbitrary
and in violation of Articles 14, 21 of the Constitution of India,
apart from violation of Order in G.O.Ms.No.174, dated
13.12.2019 and set aside the same, and consequently direct
the respondents to pay the old age pension to the petitioners
forthwith from June, 2019 onwards and continuous to pay the
same and pass such other order or orders...."
2. Heard learned counsel appearing on either side.
3. The grievance of petitioners in the writ petition is that the respondent
authorities by an order dated 20.11.2020 stopped the old age pension to the
petitioners, on the ground that 1st petitioner son is working as shift operator in
APEPDCL and earning salary of Rs.19,000/- per month and the son of 2nd
petitioner is working as Grade-V Panchayat Secretary in Kamarajupeta Gram
Panchayat, Gokavaram Mandal and earning Rs.15,000/- per month and as
per G.O.Ms.No.174 dated 13.12.2019, the eligibility to obtain pension is that
the family income should not be increased more than Rs.10,000/- per month.
Assailing the said order dated 20.11.2020, petitioners herein filed the present
writ petition to set aside the order agitating that before passing the said order,
no opportunity was given to the petitioners herein to make any submission
and in fact the petitioners are living apart from their sons.
4. Learned counsel for respondent No.5 filed counter affidavit and
contended that they have issued notice on 11.11.2020 to the petitioners
asking them to produce documents for considering their pension and for grant
of pension. Pursuant to the said notice, petitioners have approached and
submitted documents on 13.11.2020. Upon verification of records, the
authorities found that 1st petitioner son is working as shift operator in
APEPDCL and getting salary of Rs.19,000/- per month and the son of 2nd
petitioner is working as Grade-V Panchayat Secretary in Kamarajupeta Gram
Panchayat, Gokavaram Mandal and thereby they are ineligible for pension as
per conditions mentioned in G.O.Ms.No.174.
5. Learned counsel for the petitioners would submit that no notice was
issued to the petitioners and relied upon the judgment of Mohinder Singh Gill
v. The Chief Election Commissioner 1 for the proposition that when a
statutory functionary makes an order based on certain grounds, its validity
must be based on certain grounds, its validity must be judged by the reasons
mentioned and cannot be supplemented by fresh reasons in the shape of
affidavit or otherwise.
6. As seen from the impugned order dated 20.11.2020 that it does not
reflect any notice was caused to the petitioners and the impugned order was
passed without issuing any prior notice. Hence, the impugned orders are liable
to be set aside, as it is unsustainable under law.
7. In view of facts and circumstances of the case, the Writ Petition is
disposed of by setting aside the impugned order dated 20.11.2020 and the
matter is remanded back to respondent No.5 directing to issue fresh show-
cause notice to the petitioners herein. After receiving explanation from the
petitioners herein, the respondent No.5 is directed to conduct fresh enquiry
AIR 1978 SC 851
with regard to payment of old age pension as per G.O.Ms.No.174 dated
13.12.2019 and pass appropriate orders.
There shall be no order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any, shall stand
closed.
___________________________________
JUSTICE TARLADA RAJASEKHARA RAO
Date: 27.06.2024
TVN
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No.24542 of 2020
Date: 27.06.2024
TVN
