APHC010451842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23416/2023 Between: 1. BURLA LAXMANA RAO, S/O RAJAIAH, AGED. 72 YEARS, OCC. COOLIE, 2. YARLANKI JAGANNADHAM,, S/O LATCHAIAH, AGED. 72 YEARS, OCC. COOLIE, PETITIONERS 1 AND 2 ARE R/O MIRIYAPALLE GRAM PANCHAYAT, L.N. PETA MANDAL, SRIKAKULAM DISTRICT. 3. MAMIDI RAMANA MURTHY,, S/O APPALASWAMI, AGED. 70 YEARS, OCC. COOLIE, R/O YAMBARAM GRAM PANCHAYAT, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 4. RAVADA SURYANARAYANA,, S/O LATE RAMANNA, AGED. 77 YEARS, OCC. COOLIE, R/O GOTTIPALLI GRAM PANCHAYAT, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 5. ARTALA SOMESWARA RAO,, S/O LATE ADINARAYANA, AGED. 73 YEARS, OCC. COOLIE, R/O PEDDA KOLLIVALASA GRAM PANCHAYAT, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 6. IPPILI LINGAM NAIDU,, S/O LATE ADIVAYYA, AGED. 72 YEARS, OCC. COOLIE, 7. DHARMANA MADHAVA RAO,, S/O SUNDARANARAYANA, AGED. 72 YEARS, OCC. COOLIE, 2 8. KUPPILI CHINNA RAO, , S/O LATE TAVUDU, AGED. 72 YEARS, OCC. COOLIE, 9. TALADA SOMULU,, S/O APPADU, AGED. 73 YEARS, OCC. COOLIE, 10. GONDU BUCHIBABU,, S/O LATE BYRAGI, AGED. 72 YEARS, OCC. COOLIE, 11. ANTARAKONDA ADINARAYANA,, SIO LATE PENTAYYA, AGED. 71 YEARS, OCC. COOLIE, PETITIONERS 6 TO 11 ARE R/O R AND R COLONY, MODUGUVALASA R AND R COLONY GRAM PANCHAYAT, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, . BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. CHIEF EXECUTIVE OFFICER SERP, SOCIETY FOR ELIMINATION OF RURAL POVERTY, DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, 2ND FLOOR, NTR ADMINITRATIVE BLOCK, PNBS, VIJAYAWADA, KRISHNA DISTRICT 520001. 3. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY, (DRDA), SRIKAKULAM, SRIKAKULAM DISTRICT. 4. MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 5. MIRIYAPALLE GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, MIRIYAPALLE VILLAGE, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 6. YAMBARAM GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, YAMBARAM 3 VILLAGE, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 7. GOTTIPALLI GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, GOTTIPALLI VILLAGE, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 8. PEDDA KOLLIVALASA GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, PEDDA KOLLIVALASA VILLAGE, L.N.PETA MANDAL, SRIKAKULAM DISTRICT. 9. MODUGUVALASA GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, MODUGUVALASA R AND R COLONY VILLAGE, L.N.PETA MANDAL, SRIKAKULAM 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not continuing to pay the Old Age Pensions (Social Security Pensions) to the Petitioners every month and also not paying the arrears of said social security pensions to the petitioners since October 2021 as illegal, arbitrary, contrary to G.O.Ms.No.174, dt. 13.12.2019, violative of Order dt. 28.09.2021 in W.P.No.21619 of 2021 passed by this Hon'ble Court and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to release and pay the arrears of Old Age Pensions to the petitioners pending since October 2021 and also continue to pay the said social security pensions to the petitioners every month regularly and pass IA NO: 1 OF 2023 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 direct the respondents to continue to pay the Old Age Pensions (Social Security Pensions) to the petitioners every month regularly and also direct the respondents to pay arrears of above social 4 security pensions to the petitioners since October 2021, pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. HARISH KUMAR RASINENI SC FOR SERP 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: Aggrieved by the action of the respondents in not continuing to pay the Old Age Pensions (Social Security Pensions) to the petitioners every month and also not paying the arrears of the said social security pensions to the petitioners since 2021, the present writ petition is filed. 2. Heard Sri Srinivas Ambati, learned counsel for the petitioner and Sri Haribabu Maguluri, learned Standing Counsel for SERP for the respondents. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that pursuant to the directions of this Court in W.P.No.21619 of 2021 dated 28.09.2021, pension arrears have been paid to the petitioners up to September, 2021, however, from October, 2021 onwards, the respondents are not paying pension and 5 arrears and if the same is allowed, it affects the rights of the petitioners, as such, prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel for SERP on written instructions submitted that the petitioners are entitled for arrears and the authorities are taking steps to pay the same, as such, prayed to pass appropriate orders. 5. As could be culled out from the facts and circumstances of this case, the respondents have restored the pension and paid the arrears to the petitioners till September, 2021. No reasons are coming forward as to why the pension has been stopped to the petitioners. A perusal of the written instructions would indicate that the pensions have been restored to the petitioners from August, 2023 onwards and the petitioners are eligible for arrears and the authorities are taking steps in that regard. As such, as the pension has been restored to the petitioners and the authorities have an intention to pay the arrears, there remains nothing for adjudication. However, for causing inconvenience to the petitioners and dragging them to approach this Court by filing this writ petition, this Court is inclined to impose costs of Rs.3,000/- on the authority concerned. 6. Accordingly, the Writ Petition is disposed of. The respondent authorities are directed to pay the arrears to the petitioners within a period of eight (08) weeks from the date of receipt of a copy of this order 6 along with costs of Rs.3,000/- to the petitioners. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 29th December, 2025 RKS