APHC010284952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 14654/2023 Between: 1. DWARAKACHERLA JYOTHI, W/O DWARAKACHERLA SIVASANKARA REDDY, AGED ABOUT 25 YEARS, R/O D.NO.6 - 12, PUSALAPADU VILLAGE, BESTAVARIPETA MANDAL, PRAKASAM DISTRICT, 523334. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, T.G PLAZA BUILDING, TADEPALLI. 3. MANDAL REVENUE OFFICER, BESTAVARIPETA MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): 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 an appropriate Writ or order or direction, one more particularly in the nature of a Writ of Mandamus, declaring the action of the Respondents herein in not paying an amount of Rs.1,00,0001- that is payable to the Petitioner herein under the YSR Pelli Kanuka Scheme, in accordance with G.O.Ms.No.172 dated 29.09.2018, issued by Social Welfare (EDN) Department, even after the marriage verification and field verification have been completed by the Respondents herein, as being illegal, arbitrary, unjust, violative of Articles 21 and 300A of the Constitution of India and consequently SRK, J W.P.No.14654 of 2023 2 direct the Respondents herein to pay the amount payable to the Petitioner herein under the YSR Pelli Kanuka Scheme, in accordance with G.O.Ms.No.172 dated 29.09.2018 and pass IA NO: 1 OF 2025 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 grant leave to file the counter affidavit in W.P.No.14654/2023 filed by Dwarakacherla Jyothi, W/o.Dwarakacherla Sivasankara Reddy, R/o Prakasam District, in the interest of justice and may be pleased to pass Counsel for the Petitioner: 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: SRK, J W.P.No.14654 of 2023 3 O R D E R This Writ Petition is filed seeking to declare the action of respondents in not paying an amount of Rs.1,00,000/- to the petitioner under the YSR Pelli Kanuka Scheme in accordance with G.O.Ms.No.172 Social Welfare (EDN) Department, dated 29.09.2018, even after completion of marriage and field verification by the respondents, as illegal and arbitrary and consequently, direct the respondents to pay the amount payable to the petitioner under the said scheme. 2. Contents of the affidavit, filed by the Writ Petitioner, are that the petitioner is deaf and dumb person and Disability Certificate to the effect that the petitioner was suffering from 100% disability was issued; that the Government introduced Giriputrika Scheme in accordance with G.O.Ms.No.172, Social Welfare (EDN) Department, dated 29.09.2018 entitling the disabled women, who marry, to get an amount of Rs.1,00,000/- from the Government on the occasion of their marriage; that the said scheme was later renamed as YSR Pelli Kaanuka Scheme vide G.O.Ms.No.47, Social Welfare (EDN-1) Department, dated 10.09.2019. (b) Subsequent to marriage of petitioner, she made an application to the Government concerned, to get the financial benefit under the said scheme, and marriage verification of the SRK, J W.P.No.14654 of 2023 4 petitioner was conducted and later, Rs.1/- was credited to the petitioner’s bank account on 20.05.2019, but, till date the petitioner had not received any amount under the said scheme and though she made several requests, the respondents did not do so; that the inaction of respondents would attract the principle of promissory estoppel. Hence, the Writ Petition. 3. Per contra, respondent No.2 filed counter-affidavit, denying the contents of the affidavit filed in support of the Writ Petition. Respondent No.2 conceded about issuance of G.O.Ms.No.172, Social Welfare (EDN) Department, dated 29.09.2018. It is contended that the said G.O., was amended order of G.O.Ms.No.45, Social Welfare (EDN) Department, dated 18.04.2018 which was named as Chandranna Pelli Kanuka-Single Desk scheme; that the said scheme was implemented during the year 2018-19; that the marriage of petitioner was performed on 30.05.2019, and though the newly formed Government, during the year 2019, enhanced the marriage incentives under the said scheme vide G.O.Ms.No.105, Social Welfare (EDN) Department, dated 16.09.2019, the scheme could not be implemented up to 30.09.2022, due to some administrative reasons and Covid-19 SRK, J W.P.No.14654 of 2023 5 Pandemic effect in 2019-20 and 2020-21; that the petitioner is not eligible for getting marriage incentive under the Scheme, as the scheme was not in force during the period of her marriage. Hence, it is prayed to dismiss the Writ Petition. 4. Heard the learned counsel for the petitioner and learned Government Pleader for Social Welfare representing respondent Nos.1 and 2 and learned Government Pleader for Revenue representing respondent No.3. 5. Learned counsel for the petitioner would contend that the petitioner is a differently-abled person and her marriage was performed on 30.05.2019 and, pursuant to the G.O.Ms.No.45, Social Welfare (EDN) Department, dated 18.04.2018, which was subsequently amended to G.O.Ms.No.172, Social Welfare (EDN) Department, dated 29.09.2018, the petitioner is entitled to get an amount of Rs.1,00,000/- from the Government under the scheme of YSR Pelli Kaanuka. Learned Government Pleader representing respondent No.2 would contend that the said scheme formulated in the said G.O., could not be implemented up to 30.09.2022, due to some administrative reasons and Covid-19 Pandemic effect in 2019-20 and 2020-2021 and even the petitioner is not eligible for SRK, J W.P.No.14654 of 2023 6 getting marriage incentive under the said Scheme, as it was not in force during the period of her marriage. 6. A perusal of material on record goes to show that to provide Marriage Incentive Award for girl children belonged to Scheduled Castes, Scheduled Tribes, Backward Class and Minority families and for ensuring socio-economic security to the girl child, the Government issued G.O.Ms.No.45, Social Welfare (EDN) Department, dated 18.04.2018. A perusal of the material on record further goes to show that the said G.O., was amended to G.O.Ms.No.172, Social Welfare (EDN) Department, dated 29.09.2018 changing the nomenclature as Chandranna Pelli Kaanuka-Single Desk(CHPK-SD), entitling the differently-abled women like petitioner, to an amount of Rs.1,00,000/-. Indisputably, subsequent to formation of new Government in the State in the year 2019, the nomenclature was changed to YSR Pelli Kaanuka and the incentive was enhanced from Rs.1,00,000/- to Rs.1,50,000/- vide G.O.Ms.No.105 Social Welfare (EDN) Department, dated 16.09.2019. 7. Apparently, the petitioner is differently-abled person and her marriage was performed with one Dwarakacherla Siva Sankara Reddy on 30.05.2019 at Pusalapadu Bestawaripeta and SRK, J W.P.No.14654 of 2023 7 their marriage was registered on 20.07.2019. A perusal of the material on record goes to show that subsequent to application made by the petitioner to concerned Department, seeking for release of incentive under the aforesaid scheme, concerned Officials of the Government made field verification and marriage verification and its report discloses positive entitling the petitioner to get an amount of Rs.1,00,000/- under the aforesaid scheme. Indeed, as per the contention of learned Government Pleader for 2nd respondent, G.O.Ms.No.105, Social Welfare (EDN) Department, dated 16.09.2019 could not be implemented due to administrative grounds and thereafter, due to outbreak of Covid- 19 pandemic. 8. However, a perusal of G.O.Ms.No.47, Social Welfare (EDN.1) Department, dated 10.09.2022 goes to show that the Government decided to implement Marriage Financial Assistance Scheme with effect from 01.10.2022 and named the scheme as YSR Kalyanamasthu for SC/ST/BC/Minorities other than Muslims/ Differently Abled & YSR Shaadi Tohfa for Muslim Minorities. Admittedly, the said G.O., is silent with regard to the entitlement of beneficiaries prior to 01.10.2022. Admittedly, the marriage of petitioner was solemnized on 30.05.2019 and by then, SRK, J W.P.No.14654 of 2023 8 G.O.Ms.No.172, Social Welfare (EDN) Department, dated 29.09.2018 was in existence and pursuant to the application made by the petitioner, concerned Department Officials of the Government made Field Verification and Marriage Verification, which proved positive result. Therefore, having regard to the gamut of entire facts and circumstances, the petitioner is entitled to get an amount of Rs.1,00,000/- from the Government pursuant to the G.O.Ms.No.172, Social Welfare (EDN) Department, dated 29.09.2018, as she being differently-abled person. 9. Accordingly, the Writ Petition is disposed of, directing the respondents to pay an amount of Rs.1,00,000/- (Rupees one lakh only) to the petitioner, in accordance with G.O.Ms.No.172, Social Welfare (EDN) Department, dated 29.09.2018, within a period of eight (08) weeks from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ JUSTICE K. SREENIVASA REDDY 22nd September, 2025. DNB