Extracted from the PDF above. The PDF is authoritative.
APHC010006822025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329]
FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 629/2025 Between:
1. SHAIK ARIFUN, W/O LATE MASTHAN VALI, AGED ABOUT 53 YEARS, R/O. D.NO.3-8-7, DUFFPETA, WARD NO.5 PONNUR, GUNTUR DISTRICT, ANDHRA PRADESH-522124
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.
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 CHIEF EXECUTIVE OFFICER SERP, SOCIETY FOR ELIMINATION OF RURAL POVERTY, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.
5. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH.
6. THE PROJECT DIRECTOR, DRDA (DISTRICT RURAL DEVELOPMENT AGENCY) GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.
7. THE PONNURU MUNICIPAL OFFICE, REP BY ITS MUNICIPAL COMMISSIONER, PONNURU, GUNTUR DISTRICT, ANDHRA PRADESH.
8. THE WARD ADMINISTRATIVE SECRETARY, WARD NO.5, PONNURU MUNICIPALITY, PONNURU, GUNTUR DISTRICT, ANDHRA PRADESH.
...RESPONDENT(S):
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 629 of 2025
ORDER:
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not extending the scheme of N.T.R. Bharosa Pension Scheme to the Petitioner in terms of G.O.Ms.No.43, Panchayat Raj and Rural Development (RD.I) Department, dated 13.06.2024, issued by the 1st Respondent inspite of the Petitioner being eligible on part with other similar and eligible beneficiaries and discriminating the Petitioner from other similarly placed beneficiaries on extraneous/political reasons as illegal, arbitrary, high handed, contrary to law violative of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the Respondents to extend the scheme of Pension under N.T.R. Bharosa Pension Scheme to the Petitioner from the date of Approval to till date in terms of G.O.Ms.No.43, Panchayat Raj and Rural Development (RD.I) Department dated 13.06.2024, and pass such other
order.
Heard the learned counsel for the petitioner and learned Assistant Government pleader for respondent Nos.1 and 6, learned Assistant Government Pleader for respondent Nos.2 and 3, learned Standing Counsel for respondent No.4 and learned Assistant Government Pleader for respondent No.5.
Learned counsel for petitioner submits that since the facts and circumstances of this Case are similar to that of W.P.No.2529 of 2023, he prays to pass similar order in this Writ Petition also.
Learned Assistant Government Pleader and learned Standing counsel for the respondents do not refute the submission made by the
learned counsel for the petitioner.
Relevant paragraph of the order passed in W.P.No.2529 of 2023 is extracted hereunder:
“10. In the Circumstances, this Writ Petition is
disposed of with a direction to the respondents to pay pension, under G.O.Ms.No.174, dated 13.12.2019, to the petitioner from February-2023. However, the respondents are given a relaxation of the time within which such payments are to commence. Consequently, the pension payable to the petitioner shall be released in the month of June-2022 with arrears being paid from Febuaray-2022 onwards. There shall be no order as to costs.”
In view of the same, for the reasons alike in the aforesaid
order, this Writ Petition is also disposed of directing the respondents to pay pension, under G.O.Ms.No.174, dated 13.12.2019, to the petitioner. However, the respondents are given a relaxation of the time within which such payments are to commence. Consequently, the pension payable to the petitioner shall be released from the month of February, 2025 with arrears being paid from June 2024. There shall be no order as to costs.
Registry is directed to attach a copy of the order dated 24.07.2024 passed by this Court in W.P.No.2529 of 2023 to this order.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
________________________________
VENKATESWARLU NIMMAGADDA, J
Date: 10.01.2025 M M KK KK
101
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No: 629 of 2025
10.01.2025 M M KK KK