Disposed

P Suryanarayana Reddy v. the State of Ap

Andhra Pradesh HC6 Feb 2023WP/1903/2023

Case brief

AI extract

What is this about?

Petitioner challenged the arbitrary stoppage of old-age pension, alleging violation of Article 14 as show-cause notice was issued late. Court directed Village Welfare Officer to enquire into land ownership claims and pass orders within three weeks.

What did the court decide?

Directions to Village Welfare Officer to consider petitioner's objections to show-cause notice and pass orders within three weeks regarding land-ownership inquiry.

P Suryanarayana Reddy Vs the State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.1903 of 2023

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ORDER:

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The petitioner had been granted an old-age pension, under the G.O.Ms.No.174, dated 13.12.2019 with a pension I.D.No.112509032. However, this pension was stopped from July, 2019.

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The petitioner being aggrieved by the said stoppage of pension without any reasons has approached this Court by way of the present Writ Petition.

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A preliminary objection has been taken by Sri G. Venkat Reddy, learned Standing Counsel that the Village Welfare Officer has not been arrayed as the respondent in the Writ Petition. In view of the fact that the Writ Petition relates to payment of old-age pension, this Court deems it appropriate to Suo-Moto implead the Village Welfare Officer, Uppalapapdu Village, Mudigubba Mandal, Sri Satyasai District as 6^th respondent. The petitioner is also permitted to carry out the necessary amendments in the cause title.

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Sri G. Venkat Reddy, learned Standing Counsel

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for the 4^th respondent submits that the old-age pension was

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stopped on account of the fact that the petitioner is the owner of 10 acres of land. He submits that any person who holds 3 acres of wet land or more or 10 acres of dry land or more would not be eligible for such pension. He would further submit that a show-cause notice was also issued to the petitioner, on 20.01.2023.

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The learned counsel for the petitioner would submit that the said show-cause notice has been issued more than one and half year after termination for payment of the old-age pension. He would further submit that the said termination of payment is clearly arbitrary, highhanded and violative of the provisions of Article 14 of the Constitution of India.

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In view of the contentions of Sri G. Venkat Reddy, learned Standing Counsel that the petitioner owns 10 acres of dry land, it would be necessary for an enquiry to be conducted on this issue.

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Accordingly, this Writ Petition is disposed of with the following directions:-

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A copy of the show-cause notice dated 28.01.2023, has been handed over to the learned counsel for the petitioner.

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It is open to the petitioner to raise his objections to the said show-cause notice at the earliest.

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The Village Welfare Officer, 6^th respondent, shall consider the objections filed by the petitioner and pass orders, within three (03) weeks of the filing of the objections by the petitioner.

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Needless to say, the petitioner shall be entitled to

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payment of the old-age pension, unless the respondent authorities are able to demonstrate that the family of the petitioner holds 10 acres of dry land or more. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if

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any, shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

BSM

06.02.2023

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.1708 of 2023

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0 6.02.2023

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BSM

P Suryanarayana Reddy v. the State of Ap

Case brief

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P Suryanarayana Reddy v. the State of Ap

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