Disposed¶32

Shaik Arifun v. the State of Andhra Pradesh

Andhra Pradesh HC9 Jan 2025WP/629/2025

Case brief

AI extract

What is this about?

N.T.R. Bharosa Pension Scheme; G.O.Ms.No.43 dated 13.06.2024; G.O.Ms.No.174 dated 13.12.2019; pension arrears from June 2024, release from February 2025; parity with W.P.No.2529 of 2023 (order dated 24.07.2024); Article 226 writ of mandamus; Articles 14, 19 and 21; State of Andhra Pradesh; Ponnuru Municipality Ward No.5; SERP and DRDA Guntur; unrefuted parity claim; disposal with directions, no costs.

What did the court decide?

Writ petition disposed of following W.P.No.2529 of 2023: respondents directed to pay pension to the petitioner under G.O.Ms.No.174, dated 13.12.2019; pension to be released from February, 2025 with arrears from June 2024; relaxation of time for commencement of payments; no order as to costs; Registry to attach copy of the order dated 24.07.2024 in W.P.No.2529 of 2023. ¶32

Shaik Arifun Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the respondents' action in not extending the N.T.R. Bharosa Pension Scheme to the petitioner, despite eligibility under G.O.Ms.No.43 dated 13.06.2024 and discrimination from similarly placed beneficiaries on extraneous/political reasons, is illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution.

¶26

Court's answer

For the reasons alike in the order in W.P.No.2529 of 2023, the writ petition is disposed of directing the respondents to pay pension, under G.O.Ms.No.174, dated 13.12.2019, to the petitioner.

¶32

Ratio / Principle

The respondents are given a relaxation of the time within which payments are to commence; the pension payable to the petitioner shall be released from the month of February, 2025 with arrears being paid from June 2024, and there shall be no order as to costs.

¶32

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Single Judge, Venkateswarlu Nimmagadda, J.), Writ Petition No. 629 of 2025, decided 10.01.2025 - Petitioner sought a writ of mandamus under Article 226 declaring illegal and arbitrary the respondents' failure to extend the N.T.R. Bharosa Pension Scheme to her under G.O.Ms.No.43, Panchayat Raj and Rural Development (RD.I) Department, dated 13.06.2024, despite eligibility and parity with other beneficiaries, alleging violation of Articles 14, 19 and 21. Counsel for the petitioner submitted that the facts were identical to W.P.No.2529 of 2023; the respondents' counsel did not refute the submission. Held: for the reasons alike in the order dated 24.07.2024 in W.P.No.2529 of 2023, the writ petition was disposed of directing the respondents to pay pension under G.O.Ms.No.174, dated 13.12.2019, to the petitioner, to be released from February, 2025 with arrears from June 2024, with relaxation of time for commencement of payments; no order as to costs; Registry directed to attach a copy of the earlier order.

¶1

APHC010006822025

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

[3329]

¶5

FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

¶6

PRESENT

¶7

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶8

WRIT PETITION NO: 629/2025

¶9

Between:

¶10

SHAIK ARIFUN, W/O LATE MASTHAN VALI, AGED ABOUT 53 YEARS, R/O. D.NO.3-8-7, DUFFPETA, WARD NO.5 PONNUR, GUNTUR DISTRICT, ANDHRA PRADESH-522124

¶11

...PETITIONER

¶12

AND

¶13

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 CHIEF EXECUTIVE OFFICER SERP, SOCIETY FOR ELIMINATION OF RURAL POVERTY, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

¶17

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

¶18

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

¶19

THE PONNURU MUNICIPAL OFFICE, REP BY ITS MUNICIPAL COMMISSIONER, PONNURU, GUNTUR DISTRICT, ANDHRA PRADESH.

¶20

THE WARD ADMINISTRATIVE SECRETARY, WARD NO.5, PONNURU MUNICIPALITY, PONNURU, GUNTUR DISTRICT, ANDHRA PRADESH.

¶21

...RESPONDENT(S):

¶22

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 629 of 2025

¶23

ORDER:

¶24

This writ petition is filed under Article 226 of the Constitution

¶25

of the India seeking the following reliefs:-

¶26

“to issue a writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not extending the scheme of N.T.R. 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 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 N.T.R. 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 such other order.

¶27

Heard the learned counsel for the petitioner and learned Assistant Government pleader for respondent Nos.1 and 6, learned Assistant Government Pleader for respondent Nos.2 and 3, learned Standing Counsel for respondent No.4 and learned Assistant Government Pleader for respondent No.5.

¶28

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.

¶29

Learned Assistant Government Pleader and learned Standing counsel for the respondents do not refute the submission made by the learned counsel for the petitioner.

¶30

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

¶31

“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.”

¶32

In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of directing the respondents to pay pension, under G.O.Ms.No.174, 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 February, 2025 with arrears being paid from June 2024. There shall be no order as to costs.

¶33

Registry is directed to attach a copy of the order dated 24.07.2024 passed by this Court in W.P.No.2529 of 2023 to this order.

¶34

As a sequel miscellaneous application, pending, if any, shall

¶35

also stand closed.

¶36

________________________________ VENKATESWARLU NIMMAGADDA, J

¶37

Date: 10.01.2025 M K K

¶38

101