Dismissed

Vanga Varalakshmi v. the State of Ap

Andhra Pradesh HC2 Apr 2024WP(PIL)/83/2024

Case brief

AI extract

What is this about?

Petitioners challenged an Election Commission order barring volunteers from distributing pensions, citing hardship for the infirm. The Court held that government circulars ensuring door-to-door distribution for disabled, elderly, and war veteran widows addressed the grievances, dismissing the PIL.

What did the court decide?

Writ petition dismissed without costs; pending miscellaneous applications to stand closed.

Vanga Varalakshmi 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

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(Special Original Jurisdiction)

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WEDNESDAY, THE THIRD DAY OF APRIL

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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AND

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HON’BLE MR. JUSTICE R.RAGHUNANDAN RAO

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WP(PIL) NO: 83 OF 2024

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Between:

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Vanga Varalakshmi, W/o Subbareddy, Age 93 Yrs, Occ House Hold,3265 Kunchanapally(V),Guntur Dist. No Bank Account, No PAN, No mail ID.

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Vanga Bindhu Sri, C/o Sesshireddy,Age 36 Occ NIL Dumb and Deaf PHC,10-114,Munnangi(V),Guntur Dist. Bank A/c No.1303101029321 CANARA BANK PAN NO.BURPV2380Q

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Alla Sunitha, W/o Late Naresh Reddy, Age 45 Yrs,Occ House Hold ,3270/C-2,Kunchanapally(V),Guntur 82180100000591 BOB, PAN NO.EVRPS1167J Dist. BANKA/C

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...Peitioners

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AND

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The State of Andhra Pradesh, Rep by Chief Secretary, AP Secretariat, Velagapudi, Guntur Dist.

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The State of Andhra Pradesh, Rep by CEO,SERP,AP Secretariat, Velagapudi, Guntur Dist.

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The Election Commission of India, Rep by its Chief Election Commissioner, Ashoka Road, New Delhi.

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Citizen for Democracy, Rep by its Secretary, Dugigirala(V),Gu^nturDist.

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...Respondents

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High

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Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declaring^{thetoissueWritorder} or' direction more in the nature Writ of Mandamus by declaring the impugned Order No 437/AP/SOU3/2024 dt 30.03.2024 issued by the respondent No 3 in barring the Volunteers from distribution^ofpensions illegal arbitrary violative of Articles 14 and 21 of^{theConstitutionofIndia} besides violative of Principles of Natural Justice and consequently setaside the same by direct the 3rd respondent to forthwith recall the impugned orders No 437/AP/SOU3/2024 dt 30.03.2024 keeping the hardships of the pensioners. lA NO: 1 OF 2024

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'"'^ respondent^toforthwith recall the impugned orders No 437/AP/SOU3/2024 dt 30.03.2024 keeping the hardships of the pensioners pending disposal of the above^{writpetition.} Counsel for the Petitioners: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2: SRI HARISH RASINENI,^SC Counsel for the Respondent No.3: SRI D.S.SIVADARSHAN,^SC The Court made the following order:

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m THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

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W.P.CPILyNo.Sg of 2084

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(Through physical mode)

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BETWEEN:

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Vanga Varalakshmi W/o. Subbareddy, #3-265, Kimchanapally Village, Guntur District and 2 others.

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...Petitioners

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Versus

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The State of Andhra Pradesh Rep. by Chief Secretary, A.P. Secretariat, Velagapudi, Guntur District and 3 others.

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...Respondents

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Counsel for the petitioners : Sri Gundala Siva Prasad Counsel for respondent No. 1 : G.P. For Panchayat Raj^&RuralDev. Counsel for respondent No.2 : Sri Harish Rasineni,^S.C Counsel for respondent No.3 : Sri D.S. Sivadarshan S.C

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HCJ a RRR, J W.P.(PIL).No.83 of 2024

OHiDElHii

Dt.: 03.04.2024

P.C.

Heard. Sri Gimdala Siva Prasad, learned counsel appearing for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent No.l, Sri R. Harish Rasineni, learned Standing Counsel appearing for respondent No.2 and Sri D.S. Sivadarshan learned Standing Counsel appearing for respondentNo.3.

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The Government of Andhra Pradesh has been granting pensions to aged persons, physically handicapped persons^and widows. These pensions are being disbursed by the volunteers. who dehver the pensions to the pensioners at their^homesinthe beginning of the month.

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A non-governmental organisation known as Citizens of Democracy, had raised certain objections as to the role of volunteers in various activities including the disbursement of pensions by volunteers. The said organisation, i.e.. Citizens of Democracy, had initially filed a complaint before the Election Commission of India, and had then approached this Court by way of W.P.No.6419 of 2023 seeking a direction to the Election

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3 HCJ & RRR, J W.P.(P«.).No.83 of 2024

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Commission of India to tak© a decision on their representations. This Court, by order dated 13.03.2024, had disposed of the writ petition leaving it open to the Election Commission of India to take an appropriate decision in accordance with law, preferably^within a period of three weeks. This Court had also observed that no opinion is being expressed in the matter by the Court.

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The Election Commission of India, which is arrayed^as the 3rd respondent, had passed an order dated 30.03.2024 bearing order No.437/AP/SOU3/2024, wherein volunteers were barred from distribution of cash benefits under any scheme, (including pensions) to ehgible beneficiaries. This order also directed the Government of Andhra Pradesh to make alternative arrangements for the distribution of benefit for ongoing schemes to already selected beneficiaries using DBT (electronic transfer) preferably or through other regular Government employees.

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The petitioners herein, have chaUenged the said order of the Election Commission of India by way of the present pubhc interest htigation writ petition.

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Sri G. Siva Prasad Reddy, learned counsel appearing for the petitioners would submit that there has been huge upheaval in the disbursal of pensions on account of the sudden withdrawal of the volunteers. He would submit that people, who

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HCJ a RRR, J W.P.(PIL).No.83 of 2024

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are unable to move out are now being forced to go to^thevillage secretariat to obtain their pensions and the same is^{causinguntold} hardship and misery. He would further submit that the^Election Commission of India had taken the above decision, without consulting any person or authority and without thinking^theeffect of such an order. He would submit that in such circumstances,^the action of the Election Commission of India is an arbitrary^decision. which has to be reversed.

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Learned Government Pleader for Panchayat Raj and Rural Development has placed a Circular Memo NO.2391982/RD.I/A1/2024, dated 02.04.2024 issued by the Principal Secretary to the Government, Panchayat Raj^andRural Development Department. In this circular, directions^havebeen issued to the District CoUectors and other functionaries^toensure disbursal of pensions and other benefits without any^{interruption.} One of the instructions given in this circular is to^{ensuredoor-to-} door distribution of pension to the beneficiaries who^belongto differently abled category; those drawing pensions under the category of serious ailments; those who are infirm,^{bedridden,and} confined to wheelchairs and the elderly widows of war^veterans drawing sainik welfare pensions. The instructions stated^thatthis

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HCJ & RRR, J W.P.(PIL).No.83 of 2024

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form of distribution of pensions is compulsory and^shallbemade without any exception.

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In view of the above Instructions, it is clear that^the grievance of the petitioners regarding the hardship^thatwouldbe faced by such categories of persons is answered.

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Consequently, nothing further survives in this pubhc interest litigation writ petition and accordingly the same is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed.

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Sd/- B. CHITTI JOSEPH assistant registrar

//TRUE COPY//

SECTION OFFICER

To,

One CC to Sri Gundala Siva Prasada Reddy, Advocate^[OPUC]

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One CC to Sri Harish Rasineni, Standing Counsel^[OPUC] 3. One CC to Sri D.S.Sivdarshan, Standing Counsel [OPUC] General Administration, High Court of Andhra

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Two CCs to GP for Pradesh. [OUT]

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Two CD Copies

RAM PRK

RAM

HIGH COURT

DATED:03/04/2024

ORDER

WP{PIL).No.83 of 2024

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O
,,g 2 8 DEC 202'i
. Current Section

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DISMISSING THE WP(PIL) WITHOUT COSTS

Vanga Varalakshmi v. the State of Ap

Case brief

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Vanga Varalakshmi v. the State of Ap

Case brief

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