Tadisetty Venkata Narasaiah Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

¶14

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GVWV AND VSWS DEPARTMENT (GRAMA VOLUNTEERS WARD VOLUNTEERS AND VILLAGE SECRETARIAT DEPARTMENT) TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH.

¶15

THE SPECIAL COMMISSIONER, PANCHAYAT RAJ GVWV AND VSWS DEPARTMENT (GRAMA VOLUNTEERS WARD VOLUNTEERS AND VILLAGE SECRETARIAT DEPARTMENT) TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH.

¶16

THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH.

¶17

THE CHIEF EXECUTIVE OFFICER, SERP, SOCIETY FOR ELIMINATION OF RURAL POVERTY, GUNTUR, GUNTUR DISTRICT,

¶18

2

¶19

ANDHRA PRADESH.

¶20

THE PROJECT DIRECTOR, DRDA (DISTRICT RURAL DEVELOPMENT AGENCY) GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

¶21

THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, PONNUR, GUNTUR DISTRICT, ANDHRA PRADESH.

¶22

UPPARAPALEM GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, UPPARAPALEM, PONNUR MANDAL, GUNTUR DISTRICT ANDHRA PRADESH.

¶23

...RESPONDENT(S):

¶24

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 direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondents in not extending the scheme of Pensions under NTR Bharosa Pension Scheme to the Petitioner in terms of G.O.Ms.No.43 Panchayat Raj and Rural Development (RD.I) Department dated 13.06.2024 issued by the 1st Respondent inspite of the Petitioner being eligible on part with other similar and eligible beneficiaries and discriminating the Petitioner from other similarly placed beneficiaries on extraneous/political reasons as illegal, arbitrary, high handed, contrary to law, violative of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the Respondents to extend the scheme of Pension under NTR Bharosa Pension Scheme to the Petitioner from the date of approval to till date in terms of G.O.Ms.No.43 Panchayat Raj and Rural Development (RD.I) Department dated 13.06.2024 and pass

¶25

IA NO: 1 OF 2025

¶26

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 Pleased to direct the Respondents to extend the scheme of Pension under NTR Bharosa Pension Scheme to the Petitioner from the date of approval to till date in terms of G.O.Ms.No.43 Panchayat Raj and Rural Development (RD.I) Department dated 13.06.2024 and pass

¶27

Counsel for the Petitioner:

¶28

3

¶29

1.SHAIK SHAHEDAZ

¶30

Counsel for the Respondent(S):

¶31

1.GP FOR PANCHAYAT RAJ RURAL DEV

¶32

2.HARI BABU MAGULURI SC For SERP

¶33

3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats

¶34

The Court made the following:

¶35

4

¶36

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2976 of 2025

¶37

ORDER:

¶38

This writ petition is filed under Article 226 of the Constitution

¶39

of the India seeking the following reliefs:-

¶40

“ 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 extending the scheme of Pension under NTR Bharosa Pension Scheme to the Petitioner in terms of G.O.Ms.No.43 Panchayat Raj and Rural Development (RD.I) Department, dated 13.06.2024 issued by the 1^st Respondent inspite of the Petitioner being eligible on par with other similar and eligible beneficiaries and discriminating the Petitioner from other similarly placed beneficiaries on extraneous/political reasons as illegal, arbitrary, high handed, contrary to law, violative of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the Respondents to extend the scheme of Pension under NTR Bharosa Pension Scheme to the Petitioner from the date of approval to till date in terms of G.O.Ms.No.43 Panchayat Raj and Rural Development (RD.I) Department dated 13.06.2024 and pass” .

¶41

Heard the learned counsel for the petitioner and learned Assistant Government pleader for Panchayat Raj and Rural Development appearing for respondents.

¶42

Learned counsel for petitioner submits that since the facts and circumstances of this Case are similar to that of W.P.No.2529 of 2023, he prays to pass similar order in this Writ Petition also.

¶43

Learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the respondents do not refute the submission made by the learned counsel for the petitioner.

¶44

5

¶45

Further, he has furnished a copy of the instructions issued by the 6^th respondent to the Chief Executive Officer, SERP, Vijayawada, dated 18.06.2025, wherein it is stated that the pensions are not released to the applicants who filed their pension applications after December, 2023. The petitioner has filed pension application on February-2024 and it is under consideration of the Government.

¶46

Relevant paragraph of the order passed in W.P.No.2529 of 2023 is extracted hereunder:

¶47

“10. In the Circumstances, this Writ Petition is disposed of with a direction to the respondents to pay pension, under G.O.Ms.No.174, dated 13.12.2019, to the petitioner from February-2023. However, the respondents are given a relaxation of the time within which such payments are to commence. Consequently, the pension payable to the petitioner shall be released in the month of June-2022 with arrears being paid from Febuaray-2022 onwards. There shall be no order as to costs.”

¶48

In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is disposed of, directing the respondents to pay pension, under G.O.Ms.No.174 Panchayat Raj and Rural Development (RD.I) Department, dated 13.12.2019, to the petitioner. However, the respondents are given a relaxation of the time within which such payments are to commence. Consequently, the pension payable to the petitioner shall be released from the month of

¶49

6

¶50

September, 2025 with arrears being paid from March 2024 to till date.

¶51

There shall be no order as to costs.

¶52