::1:: APHC010047142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2729/2025 Between: 1. NAKKA LAKSHMINARAYANA, S/O VENKATESWARLU AGED ABOUT 35 YEARS, R/O UPPARAPALEM VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 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 DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 5. THE CHIEF EXECUTIVE OFFICER, SERP, SOCIETY FOR ELIMINATION OF RURAL POVERTY, GUNTUR, GUNTUR DISTRICT. 6. THE PROJECT DIRECTOR, DRDA (DISTRICT RURAL DEVELOPMENT AGENCY) ::2:: GUNTUR, GUNTUR DISTRICT. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, PONNUR, GUNTUR DISTRICT. 8. UPPARAPALEM GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, UPPARAPALEM, PONNUR MANDAL, GUNTUR DISTRICT. 9. THE REGIONAL DIRECTOR, MEDICAL AND HEALTH SERVICES DEPARTMENT, GUNTUR. R9 IS IMPLEADED AS PER THE COURT'S ORDER DT.28.03.2025 IN I.A.NO. 02 OF 2025. ...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 tomay be pleased to issue a writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not recognizing the Petitioner under fully disabled person category forthwith to enhance his pension from Rs.6,000/- to Rs. 15,000/- under fully disabled category under NTR 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 1 Respondent inspite of the Petitioner being eligible on part with other similar and eligible beneficiaries 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 enhance Pension from Rs.6,000/- to 15,000/- under NTR Bharosa Pension Scheme to the Petitioner from the month of July to till date in terms of ::3:: G.O.Ms.No.43 Panchayat Raj and Rural Development (RD.I) Department dated 13.06.2024pass such Counsel for the Petitioner: 1. SHAIK SHAHEDAZ Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR MEDICAL HEALTH FW 3. HARI BABU MAGULURI SC For SERP 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats ::4:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.2729 of 2025 This Court made the following ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Respondent Nos.1, 4 and 6, learned Government Pleader for Respondent Nos.2 and 3, learned Standing Counsel for Respondent Nos.7 and 8 and learned Standing Counsel for Medical and Health for Respondent No.9. 2. The case of the petitioner is that he is a physically challenged persona and has been suffering from 100% polio disability since his birth. The petitioner was categorized as a fully disabled person. Considering the eligibility of the petitioner and pursuant to his application he was granted disabled persons pension by Respondent Nos.1 to 6 herein. The petitioner has been getting the said pension till date @ Rs.6,000/- per month but pursuant to G.O.Ms.No.43, Panchayat Raj & Rural Development (RD.I) Department, dated 13.06.2024, the scheme was underwent to changes and accordingly the disabled person pension is renamed as “NTR Bharosa Pension Scheme” and also enhanced the pension monthly amount from Rs.5,000/- to 15,000/-, for which the petitioner was also submitted his ::5:: application for grant of enhanced pension of Rs.15,000/- per month. Even after receipt of the representation dated 05.12.2024, so far Respondent Nos.3, 5 and 6 did not take steps for enhancing the same in terms of G.O.Ms.No.43, dated 13.06.2024. Hence the Writ Petition. 3. Learned counsel for the petitioner submits that pursuant to his application the petitioner underwent for re-assessment to his disability with District Medical Board, Tenali on 19.06.2025 and finally before Medical Board, Government General Hospital, Guntur on 02.07.2025, wherein it is observed and certified that the petitioner is confining to the bed or to wheelchair and suffering with @ 88% disability. In view of the same, the petitioner is entitled for the enhancement of disabled person pension from Rs.6,000/- to Rs.15,000/- as per G.O.Ms.No.43, dated 13.06.2024. 4. On the other hand, learned Government Pleader for Medical & Health Family Welfare, filed written instructions dated 28.03.2025, wherein it is stated as under: “4. It is to submit that, after thorough verification, this office has to be upload the application to the Director of Public Health and Family Welfare, Gollapudi for sanction of Pension under the NTR Barosa Pension Scheme who ist he component authority for sanction. At present the NTR Barosa pension scheme website / portal is closed by the Government. Once the website / portal access retrieved, this office will process the file to the higher authorities.” ::6:: 5. Learned Standing Counsel for 5th and 6th respondents submits that since the case of the petitioner can be considered whenever the 3rd respondent consider the case for enhancement of pension under NTR Bharosa scheme, the case of the petitioner also would be considered. 6. Considering the submissions by all the counsel and material placed on record, it appears that it is an undisputed fact that the petitioner is eligible and entitled for enhancement of disabled person pension as per the terms of G.O.Ms.No.43, dated 13.06.2024. It is also an admitted fact that the petitioner already submitted application for enhancement of pension as required on 05.12.2024 in terms of G.O.Ms.No.43 and the petitioner also underwent for re-assessment to his disability with District Medical Board, Tenali on 19.06.2025 and finally before Medical Board, Government General Hospital, Guntur on 02.07.2025, wherein it is observed that the petitioner is confining to bed and to wheelchair and suffering with 88% disability. As such, the petitioner is entitled for enhancement of disabled person pension from Rs.6,000/- to Rs.15,000/- as per G.O.Ms.No.43, dated 13.06.2024. As contended by learned Government Pleader for respondents and learned Standing Counsel for 3rd and 5th respondents the case of the petitioner shall be considered along with others whenever the 1st respondent ::7:: considers the new applications for enhancement of disabled person pension is to be valid and reasonable and to be considered as expeditiously as possible. 7. In view of facts and circumstance as stated above, the Respondent Nos.3 to 5 are hereby directed to consider the case of the petitioner along with others whenever the 1st respondent considers the new applications for enhancement of disabled person pension in terms of G.O.Ms.No.43, dated 13.06.2024 as expeditiously as possible, particularly not later than four (04) months from the date of receipt of a copy of this order. 8. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 29.08.2025 krk ::8:: ::9:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.2729 of 2025 29.08.2025 krk 66