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2025 DAILYLAW 53857 (AP)

CHOPPA RAJAMMA v. The State of Andhra Pradesh

WP/25314/2025 · 2025-09-18

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010468002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25314/2025 Between: 1. CHOPPA RAJAMMA, W/O. LATE SRINIVASULU, AGED ABOUT 69 YEARS, R/O. NAVURUPALLI VILLAGE, PODALAKURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY (PANCHAYATH RAJ AND RURAL DEVELOPMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI 2. THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR ELIMINATION OF RURAL POVERTY (SERP), ANDHRA PRADESH, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK, VIJAYAWADA. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT NELLORE, 5. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), SPSR NELLORE DISTRICT, COLLECTORATE COMPOUND, NELLORE. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PODALAKUR MANDAL, SPSR NELLORE DISTRICT. 7. THE NAVURUPALLI GRAMA PANCHAYAT, NAVURUPALLI VILLAGE, PODALAKUR MANDAL, SPSR NELLORE DISTRICT. REP. BY PANCHAYAT SECRETARY, 8. TIPPANA ANAND, S/O. NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC.WELFARE ASSISTANT, VILLAGE SECRETRIAT, , NAVURUPALLI GRAMPANCHAYAT, PODALAKUR MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent No. 4 to 8, for not releasing and not disbursing the Widow Pension to the petitioner, even though she got sanctioned as per the norms under Government pension Scheme, further not considering the representation, dated 18.08.2025 of the petitioner by the Respondent No.4 as illegal, arbitrary and discriminatory and against the Principles of Natural Justice and consequently direct the respondents No. 4 to 8 for forthwith release and disburse the Pension under Widow Scheme to the petitioner and to pass…” 2. Heard the learned counsel for the petitioner and the learned Standing counsel for respondent Nos. 6 and 7. 3. The learned counsel for the petitioner submits that the petitioner is a permanent resident of the 7th respondent Gram Panchayat, i.e., Navvurupalli Gram Panchayat, and a widowed woman. Pursuant to G.O.Ms.No.174 dated 13.12.2019, the petitioner is entitled to widow pension. The petitioner applied for the widow pension by duly attaching the supportive documents to secure social security pension under the widowed pension scheme. After due enquiry and verification, the petitioner was declared as eligible women for the grant of widowed pension. However, during the year 2024, the staff of the Village Secretariat informed the petitioner that the Government had not released any widowed pensions and requested her to wait till the Government releases the pension under the said scheme. Subsequently, the petitioner came to know that her pension had been sanctioned by the Government under the widowed pension scheme and that the amount for the month of August 2025 had also been released by the Government. Nevertheless, for reasons best known to the respondent authorities, the disbursement of the widowed pension amount to the petitioner was stopped without any valid reason. He further submits that, since the petitioner is eligible to receive the widowed pension, she submitted an application/representation dated 18.08.2025 to the 4th respondent/District Collector. Even after receipt of the said application/representation of the petitioner, the respondent authorities neither considered nor released the widowed pension amount to the petitioner. Hence, the present writ petition. 4. On the other hand, the learned Standing counsel for the respondents furnished written instructions dated 18.09.2025 issued by the 5th respondent wherein it is stated that:- “Earlier certain discrepancies were noticed in the evidences produced for sanction of social security pension due to which the then Mandal Parishad Development Officer had kept the case under dispute. However, the present in-charge MPDO, Podalakur, has personally verified all the documentary evidence and confirmed that the claim is genuine. It is further reported that at the present there is no issue to disburse the said pension. The pension will be released on 01.10.2025 along with arrears for the pending months. The learned counsel for the 5th respondent Grama Panchayat clearly and categorically stated that since the petitioner found genuine and eligible to receive the widow pension the respondent process the same and pension will be released the persons who were identified and Genuine and suitable for month of July and august”. 5. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents, and on perusal of the material available on record, and in view of the clear and categorical admission on the part of the 5th respondent that the petitioner is eligible for receiving the widowed pension, the 6th respondent is directed to take steps for payment of widowed pension as undertaken herein. If the petitioner is entitled to arrears, the respondents are also directed to consider the same and pass appropriate orders and pay the arrears in terms of G.O.Ms.No.174 dated 13.12.2019. 6. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 19.09.2025 kkllkk 682 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25314 of 2025 19.09.2025 kkllkk