Disposed

P Atchamma v. the State of Ap

Andhra Pradesh HC1 Jan 2024WP/18556/2023

Case brief

AI extract

What is this about?

The High Court held that discontinuing widow pension without notice or enquiry is not tenable. It directed the respondent to conduct an enquiry within four weeks and pay arrears if the petitioner is found entitled under current government policies.

What did the court decide?

Writ Petition disposed with direction to respondent to conduct enquiry within four weeks and pay arrears if petitioner is entitled.

P Atchamma Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.18556 of 2023

Between:-

Smt.P. Atchamma

….Petitioner.

And State of Andhra Pradesh Rep. by its Principal Secretary, Panchayat Raj Department and others.

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…. Respondents

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Counsel for the Petitioner : Mr.Srinivasulu Kurra

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Counsel for the Respondents: G.P. for Panchayat Raj & Rural Development. Mr. Harish Kumar Rasineni, Standing counsel for 3^rd respondent. Mr.N. Srihari, Standing counsel for 4^th & 5^th respondents.

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ORDER :

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Heard the learned counsel for the petitioner. Also heard the learned standing counsel, appearing for the 4^th and 5^th respondents and the learned Assistant Government Pleader for Panchayat Raj, representing the respondents 1 to 3.

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This Writ Petition is filed seeking to declare the action of the respondents in not paying the widow pension to the petitioner from the month of August, 2020 to till date abruptly without assigning any reasons as illegal, arbitrary etc., and for a

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consequential direction to release the same and to continue to pay further.

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Learned counsel for the petitioner made his submissions

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with reference to the averments made in the affidavit filed in support of the Writ Petition. Learned counsel for the petitioner, inter alia, submits that the husband of the petitioner died in the year 2011 and she is eking out her livelihood by attending daily wage works. Pursuant to the policy of the Government to grant pension to the widows or single women, learned counsel submits that the petitioner applied for payment of widow pension and the same was sanctioned at the rate of Rs.2,000/- per month. He submits that after the present Government came into power the same was enhanced to Rs.2,250/- per month and the petitioner was paid the pension upto August, 2020. He submits that to the petitioner’s surprise the respondents abruptly stopped the payment of pension without issuing any notice and the petitioner’s enquiry reveal that due to political pressure the respondents stopped the payment of pension. Learned counsel for the petitioner relying upon the decision in Rajula Sahu and others v. Principal Secretary¹ submits that stoppage of pension to the

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1 2020 SCC OnLine AP 774

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petitioner is not legal or tenable and therefore the present Writ Petition is filed.

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Learned standing counsel appearing on behalf of the respondents sought to justify the action in discontinuing the payment of pension to the petitioner, inter alia , stating that the petitioner is not satisfying the criteria, which was fixed by the Government for payment of widow pension. Be that as it may. As seen from the material on record and the averments in the counter affidavit of the 3^rd respondent, it would appear that the petitioner

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was paid widow pension prior to August, 2020 and before discontinuing the payment no notice was issued to the petitioner.

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Discontinuation of pension without any notice or enquiry, as rightly contended by the learned counsel for the petitioner, is not tenable. However, as it is submitted by the learned counsel for the 3^rd respondent that an enquiry would be conducted after giving due opportunity to the petitioner, this Court deems it appropriate to dispose of the Writ Petition with a direction to the 3^rd respondent to conduct the enquiry with reference to the entitlement of widow pension to the petitioner and complete the

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same as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order.

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The 3^rd respondent, shall also consider the entitlement of the petitioner for payment of widow pension, keeping in view of the latest Government Orders, which are in force. In the event it is found that the petitioner is entitled for payment of widow pension, the arrears shall be paid to the petitioner within four weeks from the date of passing of the order by the 3^rd respondent.

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With the above observation, this Writ Petition is disposed of. No order as to costs.

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Consequently, Miscellaneous Applications pending, if any, shall stand closed.

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________________________ NINALA JAYASURYA, J

Date:02.01.2024.

Ssv

IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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THE HON’BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.18556 of 2023

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Date:02.01.2024.

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ssv

P Atchamma v. the State of Ap

Case brief

What is this about?

What did the court decide?

P Atchamma v. the State of Ap

Case brief

What is this about?

What did the court decide?

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