APHC010525422024 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: 27447/2024 Between: 1. NAGI VENKATESWARLU, S/O. SUBBARAYUDU, AGED ABOUT 49 YEARS, R/O. D-NO. 67-25/1 THIMMASAMUDRAM VILLAGE, KESAVARAM VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD-1), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), NELLORE SPSR NELLORE DISTRICT. 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT 4. THE SOCIETY FOR ELIMINATION OF RURAL POVERTY SERP, NTR BHAVAN, VIJAYAWADA, KRISHNA DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, JALADANKI MANDAL, SPSR NELLORE DISTRICT. 6. THE KESAVARAM GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, THIMMASAMUDRAM VILLAGE JALADANKI MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to declare 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 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.” 2. Heard the learned counsel for the petitioner and learned Government Pleader for Panchayat Raj appearing for respondent Nos.1 and 3 and learned Standing Counsel appearing for respondent No.5. 3. The grievance of the petitioner herein is that the petitioner is classified as person with disability, as he is physically challenged. The petitioner has also got issued certificate, certifying that the petitioner is suffering with benchmark disability at the rate of 61%. 4. Learned Government Pleader appearing for respondent Nos.1 and 3 submitted that as per G.O.Ms.No.174, Panchayat Raj & Rural Development (RD.I) Department, dated 13.12.2019, the petitioner is classified as disabled person at the rate of 61% disability and he is entitled for Social Security Pension for Disabled Persons under N.T.R Bharosa Pension. He further submitted that the petitioner was also got issued certificate by the Mandal Development Officer, certifying the eligibility of the petitioner to avail Social Security Pension for Disabled Persons on 01.10.2014. Since then, the petitioner has been receiving Social Security Pension amount as per the terms and conditions of the Scheme. 5. While things stood thus, the 1st respondent herein issued new scheme enhancing the pension for disabled persons from Rs.6,000/- to Rs.15,000/- but with a condition that the disabled person should suffer with disability at the rate of 85%. It is further clarified that the persons should who does not suffer disability at the rate of 85%, he is entitled only for an amount of Rs.6,000/-, as per G.O.Ms.No.43, Panchayat Raj and Rural Development (RD.I) Department, dated 13.06.2024. The petitioner further submitted that on the guise of new scheme i.e., G.O.Ms.No.43 (mentioned Supra), the petitioner was denied from receiving pension from October, 2024. Hence, this Writ Petition. 6. On the other hand, Sri M.Hari Babu, learned Standing Counsel appearing for respondent No.5 submitted that since the petitioner is suffering with disability at the rate of 61%, he is entitled to receive disability pension only for an amount of Rs.6,000/- but not Rs.15,000/-. Therefore, in view of the clear and categorical submissions made on behalf of respondents, the petitioner’s claim has to be considered for pension for an amount of Rs.6,000/-. 7. Having regard to the submissions made by learned counsel for the petitioner and learned Government Pleader for Panchayat Raj appearing for respondent Nos.1 and 3 and learned Standing Counsel appearing for respondent No.5, this Court is of the view that the present Writ Petition can be disposed of. 8. Accordingly, the Writ Petition is disposed of directing the respondents to consider the case of the petitioner herein for payment of pension as per the terms and conditions mentioned in G.O.Ms.No.174, Panchayat Raj and Rural Development (RD.I) Department dated 13.12.2019, since the petitioner is suffering disability at the rate of 61%, from the immediate month i.e., February, 2025 onwards at the rate of Rs.6,000/- per month. However, petitioner is also entitled for arrears at the rate of Rs.6,000/- per month. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date: 10.01.2025 M M KK KK 95 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No:27447 of 2024 Date: 10.01.2025 M M KK KK