::1:: APHC010542482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28834/2024 Between: 1. PILLAMGOLLA SAMRAJYAM, W/O. PILLAMGOLLA SATYANARAYANA, FEMALE, AGED ABOUT 71 YEARS, R/O.D.NO.2-246, BORRAPOTHUPALEM VILLAGE, MACHILIPATNAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 2. KUMBHAM VANAMALAMMA,, W/O. KUMBHAM KOTESWARA RAO, FEMALE, AGED ABOUT 73 YEARS, R/O.D.NO.3-255, VTC, BORRAPOTHUPALEM VILLAGE MACHILIPATNAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 3. KANDULA VENKATESWARAMMA,, W/O. KANDULA NANCHARAYYA, FEMALE, AGED ABOUT 74 YEARS, R/O.D.NO.3-245, BORRAPOTHUPALEM VILLAGE MACHILIPATNAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY PRINCIPLE SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, NELAPADU, AMARAVATHI. 2. THE DISTRICT MEDICAL AND HEALTH OFFICER, KRISHNA DISTRICT, MACHILIPATNAM. ::2:: 3. THE SOCIETY FOR ELIMINATION OF RURAL POVERTY SERP, REP. BY CHIEF EXECUTIVE OFFICER, VIJAYAWADA, NTR DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 5. THE DISTRICT RURAL DEVELOPMENT AGENCY, KRISHNA DISTRICT AT MACHILIPATNAM. ...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 topleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in stopping the social security pension to the petitioners vide pension ID Nos.1061128612, 1061128707, 1061129650 on the basis of letter dated 17.08.2024 issued by the 2nd respondent to the 3rd respondent as illegal, irregular, arbitrary and violation of the Articles 14, 21 of Constitution of India and consequently direct the respondents continue to pay the social security pension to the petitioners and pass Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 2. HARI BABU MAGULURI SC For SERP ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.28834 of 2024 This Court made the following ORDER: Learned counsel for the petitioners submits that the petitioners herein were granted disabled pension since 2021. But after 2021 suddenly the pensions of the petitioners were stopped without giving any notice and without informing the same to the petitioners. Hence the writ petition. 2. On the other hand, learned Standing Counsel for Respondent Nos.3 and 5 herein furnished written instructions dated 17.08.2024 and also report submitted by the Committee appointed at the instance of 2nd Respondent herein. As per the report it was found that the petitioners herein are not suffering with any disability as claimed by the petitioners and also photographs were attached to the said report to that effect. Learned counsel further submits that since the petitioners are not suffering with any disability, they are not entitled for pension as claimed, but if they are eligible under the category of old-age, they can claim pension under old-age pension scheme. 3. Heard learned counsel for the petitioners and learned Government Pleader for Medical and Health and perused the instructions and report submitted by learned Standing Counsel for Respondent Nos.3 and 5. ::4:: 4. It is observed that in the absence of certificate of disabled issued by the Competent Authority i.e., Medical Board of any District Hospital or the State Board, the eligibility of the petitioners cannot be determined basing upon the local disability certificates as per rules in vogue. In the instant case the Expert Committee which was appointed by the 2nd Respondent enquired the matter and found that the petitioners are not entitled pension under disability category since they are not suffering with any disability. Therefore, the Committee Report Nos.1, 2 and 3 categorically states that the petitioners are not suffering with any disability for entitlement of disabled pensions. 5. In view of clear and categorical findings in Committee Report Nos.1, 2 and 3, the reliefs claimed by the petitioners cannot be granted and they are not entitle for the same. 6. Accordingly, no merits in the writ petition. However, in view of the fact that the petitioners are eligible and crossed 60 years, they can make applications for old age pensions as per the NTR Bharosa Scheme. 7. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 06.02.2026 krk ::5:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.28834 of 2024 DT: 06.02.2026 krk 126