Disposed

Letter submitted by the Member Secretary v. The State of Telangana

Telangana HC12 Apr 2022WP(PIL)/35/2020

Case brief

AI extract

What is this about?

This PIL challenged the poor conditions and inaction regarding old age homes in Telangana. The Court considered a Status Report filed by the State detailing plans, sanctioned funds, and a roadmap for establishing homes across 33 districts. It directed the State to complete projects within fixed timelines, constitute District and State committees for monitoring within 30 days, and make special effo

What did the court decide?

Direction to conclude establishment of old age homes expeditiously, constitute monitoring committees within 30 days, and review the status report with time limits.

Letter submitted by the Member Secretary… — Pension and Retirement Benefits | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

TUESDAY, THE TWELFIH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

¶5

WRIT PETITIoN( PIL) NO: 3 5 0F 2020

¶6

Between:

¶7

ln Re:

¶8

Letter submitted bv the Member secretary, Terangana state Legar Service Authority, Hyderabad.

¶9

...PETITIONER

¶10

AND

¶11

1 Ihe^{Stateof.Telangana, represented} by its Chief Secretary to Government of Telangana, Secreta-riat, HyOerabaO.^-

¶12

2 The State of Telanoana represented by its principal Secretary, Social Welfare Department, SecretariSt,-HyULriOi&.

¶13

3 The State of Telanoana represented by its principal Secretary, Women and Child Welfare Depaitment, Seireiriiut, rivo-lirirri''"'

¶14

4 The District Collector, Hyderabad Diskict at Hyderabad.

¶15

The District C<illector, Ranga Reddy District at Samshabad

¶16

The District Social Welfare Officer, Hyderabad District.

¶17

The District Social Welfare Officer, Ranga Reddy District.

¶18

The Commissioner of police, Twin cities Basheerbagh at Hyderabad.

¶19

The Commissioner of police, Cyberabad at Hyderabad.

¶20

The Deputy Commissioner of police, Malkajgiri Zone, Rachakonda Commission'erate Hyderabad.^-

¶21

...RESPONDENTS

¶22

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to'issue an appropriate s/rit, order or orders more particurarry in the nature of writ of Mandamus to caI for records and remarks from the respondents herein relating to the inaction of the respondents in connection with the state of

¶23

affairs prevailing in the old age Homes in the Hyderabad and Ranga Reddy Districts, more particurarry rack of basic amenities at Mamatha ord Age Home, shilpa Nagar, Nagaram, which racks basic amenities for human dweiling and consists of onry two bedroom houses as one brock, and kept 52 persons (ord aged persons) in one house with onry seven cots, for different aged persons and the Home is being maintained very unhearthiry emanating four smefl from the rooms with only two toirets and unfit for human dweiling and the circre rnspector of porice who visited the Home on 2310112020 found that some of the inmates were tied with chains and they are being treated inhumanry. Hence, this Hon,ble court may be pleased to issue necessary orders or directions to the Respondents for proper maintenance of ord age Homes within their Jurisdiction and further to direct the Respondents to provide adequate infrastructure facirities at the ord age Homes for decent and dignified human dwelling and to pass

¶24

Counsel for the petitioner: LETTER

¶25

counsel for the Respondent No.1: Gp FoR GENERAL ADM,NlsrRATroN counsel for the Respondent Nos.2, 6 & 7: Gp FoR socrAL WELFARE

¶26

counsel for the Respondent No.3: Gp FoR woMEN DEVELOPMENT AND CHILD WELFARE

¶27

Counsel for the Respondent Nos.4 & S: Gp FOR REVENUE

¶28

Counsel for the Respondent No.g to 10: Gp FOR HOME

¶29

Ms. VASUDHA NAGARAJ, AMTCUS CURTAE

¶30

The Court made the following: ORDER

¶31

THE HON'BLE THE CHIEF JUSTICE SATISH CIIANDRA SIIARMA AND

¶32

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

¶33

WRIT PETITION^(PILI No.35 of 2O2O

¶34

ORDER, (Petthe Hon'ble the ClLiefJustice Satish Chandra Shama)

¶35

The present writ petition (public interest litigation) reiates to old age homes in the State of Telangana.

¶36

Various orders have been passed by this Court from time to time and Ms. Vasudha Nagaraj, learned counsel, has been appointed as Amiczs Curiae in the matter. She has filed a detailed report in respect of old age homes in the State of Telangana and has highlighted the pathetic conditions in which people are residing in old age homes. This Court has hnally on 07 .O4.2O22 directed the State Government to file a Status Report in respect of old age homes in the State of Telangana and accordingly, a Status Report has been filed in the matter by the Director, Welfare of Disabled and Senior Citizens Department, Government of Telangana, Hyderabad, which is reproduced as under:-

¶37

"REPORT SUBMIT'TED BY DIRECTOR, WELFARE OF DISABELD AND SENIOR CITIZENS DEPARTMENT. GOVERNMENT OF TELANGANA, HYDERABAfq

¶38

In compliance to the orders passed by the Hon'ble High Court in WP(PIL) No.35 of 2O2O, dt.26-\O-2Q2, tbe current status and Plan of Action for establishment of Netu Old Age Homes in

¶39

Telangana State coueing all the Disticts is submitted for kind perusal of the Hon'ble High Court.

¶40

Background:

¶41

As per Census 2011, the Total Population of Telangana State is 3,52,86,757 in which the Senior Citizens Population is 32,69,579 Lakhs which constitutes 9.27 Y. of the Total Population.

¶42

The Government of India has enacted the Maintenance for Welfare of Senior Citizens Act 2OO7 to provide more effective provisions for Maintenance and Welfare of Parents and Senior Citizens, guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto.

¶43

Section 19 of the Maintenance of Welfare of Parents & Senior Citizens (MWPSC) Act 2OO7 envisages as quoted hereunder:

¶44

"The State Gouernment may establish and maitTtain the number of Old Age Homes at Accessible PLaces, as it mag deem necessary, in a phased manner beginninq uith at least one in each district to accommodate in such homes a minimum of one hundred Jifig indigent senior citizens".

¶45

The Department for Welfare of Disabled and Senior Citizens is functioning for the Protection, Safety, and Welfare of the Senior Citizens in the state. For effective implementation of various provisions enshrined in the MWPSC Act 2OO7 , the State Government has framed MWPSC Rules 201 1.

¶46

The Government of Telangana is implementing various Schemes, Programs and Activities for Protection of Life, Property, and Welfare of Senior Citizens, across Telangana and to facilitate Senior citizens in distress has also established an exclusive toll-free helpline (14567) undertaking wide Awareness Generation Programs and regular monitoring effective implementation.

¶47

The inception of Telangana State through bifurcation from unified State of Andhra Pradesh comprised of (10) Districts called erstwhile districts, which were further bifurcated into (33) Districts, carving out (23) new Districts in Telangana.

¶48

Status of existing Old Age llomes run both by Government and NGO in Telangana:-

¶49

Particulars	Noof Old Age Homes	NameofDistrictCovered
Old AgcHomerunby StateGovt.	2	Karimnagar,Rangareddy
OldAgeHomesrunby NGOSwithGrantinAid fromGovernment ofIndia	l0	Adilabad, BhadradriKothagudam, Hyderabad, Kamareddy, Mancherial,Medak, Nagarkurnool,Nalgonda, Ranga Reddy&SangaReddy
PrivaterLrn OldAge Homesfunctioningunder controlofNGOSonSelf Finance/Tru st/ Donations andPayment basis	267	AcrossTelangana

¶50

The Government has sanctioned Rs.50.0O Lakhs to the Districts mentioned below for construction of buildings for New Old Age Homes which will be managed by the Red Cross

¶51

Society under the control of the concerned District Collectors.

¶52

S.No	Districts	Amount Releasedfor constructionof the building {oAH) (Rs.) each	F\rnds Releasedvide GONo.	Status
l.	a)Nizamabad b)Kamareddy c)l(hammam	50.00Lakhsto eachDistrict	G.O.Rt.No.l9 dt.09-o3-2018 of WCD&SC (Schemes)	Ongoing
2.	d)Sircilla e)Adilabad f)Sangareddy	50.00Lakhsto eachDistrict	G.O.Rt.No.20 dt.13-03-2020 of WCD&SC (Schemes)	construction
3.	g)Narayanpet	50.00Lakhs	MemoNo.96/ Schemes2021 dt.la-o2-2021 ofWCD&SC	Nearing completion
4	h)Jagtiyal	50.O0Lakhs	Memo No.960/	Nearing completion

¶53

¶54

t-T Schemes-ll
2021 dt.3 r -
O3-2O21 of
WCD&SC
of WCD&SC
5. i) Siddipet 50.0O Lakhs funds are
I to each district Released in
March 2022

¶55

Apart from the above, the Government vide circular memo No. 3216/ Schemes- A2 /2016-1, Dt 29-09-2016 ot Women Children Disabled & Senior Citizens Department has also invited proposals from the NGOs/Voluntary Organization, seeking Financial Assistance from the State Govemment for maintenance of Old Age Home.

¶56

The Government with intent to provide safe shelter, clothing, serving nutritious food with all basic amenities/ facilities includlng health care, recreational and spiritual enrichment facility has drawn a roadmap for establishment of old age homes in all 33 Districts in phased manner prioritizing the Districts which have inadequate facility of old Age Home and also focusing the three Districts which come under GHMC Jurisdiction and have maximum number of old Age Homes and inmates i.e., Hyderabad, Ranga Reddy and Medchal Districts.

¶57

Plan of Action in Establishment of New Old Age Homes Coverlng all District:

¶58

(1)RoadMapfor Establishment ofOld AgeHomesin33 DistrictofTelangana	1)	TheGovemmentisGoingto establishold Age homesin all33Districtsina phasedmannercoveringatleast(11) districtsfor eachfinancialyear completingthetargetbytheyear 2025.
	2l	TheOldAgeHomeatNizamabad, Kamareddy,KhammamSiricilla Adilabad,Sangareddy,Narayanpet, Jagtiyalwillstartfunctioning fromthe year2022-2023
	3)	The OldAgeHomeatSiddipet,Yadadri Bhuvanagiri, Peddapallywillstart functioningfrom theyeat2o22-2023

¶59

¶60

4)	Itisproposedto focus and establish at least one Government/Co- managementRun OldAgeHome in Each DistrictvizH5'derabad,Ranga ReddyandMedchalDistrictswhere maximumnumberofPrivate OldAge HomesandInmatesarepresently concentratedbyfinancialyear 2022- 2023.
s)	Prioritizingthe Districts which donot havethefacilityofOld AgeHomeor havingInadequateOld AgeHomesor economicallybackward by the financial 2022-2023
6)	Theabandonedanddestituteoldage persons shall be promptly accommodatedinexistingoldage homesensuring safe shelter,serving nutritiousfood clothinghealthcare andrecreationalspiritualenrichment facility.
7)	Itisproposedtoimpart trainingtothe ManagementofAllOldAgeHomes on essenceofhygiene,safety,palliative care,managementof bedridden elderlyinmates.
8)	Itisproposedtogivetrainingtoallthe StaffwhoareworkinginoldageHome emphasizing oldagehomesfunctioning atHyderabad,MedchalandRanga ReddyDistrictsinphasedmanner. Hygiene,safety,palliativecare, managementofbedriddenelderly inmates.
e)	Orientationprogramwillbe conducted totheinmatesonthefacilitiesoffered through helpline14567, maintenance andotherprovisions availabletothe distressedSenior citizens,procedures foravailing benelitsfromGovernment schemes, programsand activities.
10)	Regular reviewwillbe conductedwith inspectingoflicialsformonitoringand regulatingthefacilitiesavailableat existingOldAgeHomesandencourage d italrecordke throu old

¶61

¶62

	homeevaluation App
I	l1) ThePhysiotherapyu establishedinOldA Fundsreceivedfroin India	nits^(10)willbe geHomes^from Government^of
0l)^{Constitutionof} District Level Committee for Implementationof	TheDistrict levelcom constituted underthechair concernedDistrictCollect lm lementation of sed P	mittee^rvillbe manship^ofthe orfor^effective Ian ofAction
PlanofAction,for	S.No. Officials	Member
Selectionof^NGOfor	DistrictCollector I	C erson
Co-management, andotherfacilities necessary for establishmentand MaintenanceofOld Age Home	DistrictWelfare Officer, WCD&SCinall Districtsexcept HyderabadDist. Assistant DirectorWD&SC in Hyderabad District 2 I	Member. Convener
	DistrictMedical &HealthOfficer: 3	Member
	ProjectDirector, District Rural Development en 4 I	Member
I	) One Senior Citzen representing District Committeefor SeniorCitizens	Member
0ll) Constitution oftheStateLevel Committee for Monitoring the	.i.Tooverseetheimplem Plan ofAction for Esta AgeHomesandre Developmentalactiviti	entationofthe blishment of^Old gularreview^of esandregular
progressofongoing activities of the^plan ofaction:-	reviewofDevelopment Governmentwillconstit Committee	alactivitiesthe utea State^level
	+TheStateLevel Com onceinthreeMonth review the prog implementationof the willendeavortoplug resolveanypendi recommendforimprov at theOldAge Home.	mitteewillmeet s(quarterly)to ress in the Action Planand thegapsand ngissuesand isingofServices
	.i. TheCommitteewill	also invitethe

¶63

¶64

t t

¶65

suggestions/ advice from the district level committee in advance before the commencement of the State level committee Meeting and also circulate the minutes of the meeting to the Districts.

¶66

It is therefore prayed that this Hon'Lrle Court may be pleased to take this compliance Plan of Action Report for establishment of New old age homes in Telangana covering all the district in to consideration and pass such other and further orders as deemed fit and proper in the circumstances of the case.

¶67

sd/DIRECTOR Welfare of Disabled & Senior Citizens Telangana"

¶68

Irarned Amians Curiae ts fair enough in stating before this Court that some time limit be fixed for completion of projects in respect of o1d age homes as reflected in the Status Report.

¶69

In the Status Report, the State Government has furnished the details of the projects relating to construction of buildings for new old age homes. It has also been stated that amount has been sanctioned, construction of buildings for new old age homes is going on in Nizamabad, Kamareddy, Khammam, Siricilla, Adilabad and Sangareddy Districts and construction is nearing the completion in Narayanpet and Jagitial Districts. A road map has also been provided for establishing old age ..homes in all 33 Districts of the State of Telangana.

¶70

¶71

Resultantly, it is directed that the process of establishing oid age homes be concluded, as expeditiously as possible, as per the time limit fixed by the State Government itself in the Status Report. The District Level Committee and the State Level Committee shall be constituted, as stated in the Status Report, to monitor the old age homes run by the State, or by the NGOs, or by the private persons, within a period of thirty (30) days. The State Government shall also make all possible endeavour to estabiish additional old age homes in the Hyderabad District, which is the most populated District of the State of Telangana having only two old age homes.

¶72

With the aforesaid, the writ petition (public interest litigation) stands disposed of. However, liberty is granted in the matter to file an application for revival of the present public interest litigation, in case need so arises in future.

¶73

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

¶74

SD/.K.SAILESHI DEPUTYBEGISTRAR //TRUE CoPY// (U SECTION OFFICER

¶75

To, 1. The Chief Secretary to Government of Telangana,^State of^Telangana, Secretariat, Hyderabad.

¶76

The Principal- Secretary, Social Welfare Department,^{State of Telangana,} Secretariat, Hyderabad.

¶77

The Principal'Secretary, Women and Child Welfare^{Department, State of} Telangana, Secretariat, Hyderabad.

¶78

The Dlstrict Collector, Hyderabad District at Hyderabad.

¶79

The District Collector, Ranga Reddy Distrlct at Samshabad

' t i

The District^{Social Welfare Officer, Hyderalad. District'} i. iii; Di;[i;i^{Soiiatwerareofficer,Rhnsa Reddv.District'}

¶85

iii; d;;i.-.ion"|.'oipoti";'^{twin cities"Basheerbagh,at Hvderabad'}

¶86

f . iii; a;,"'"isiioner^{of Police, Cyberabad at Hyderabad'} io.iii"^{"o"prtv'-Commi.sionei'oipotice' MalkaigiriZone' Rachakonda} 11.Two Commission-erate CCs to^{GP Hyderabad for CU#iafAdministration,High Court for the} rL ^^State .rr^l^^of ^ Telanqana at Hvderabad. IOUTI

¶87

12.i;;'d6;i;'G;ji;;3;ri-w"fare,^{Hishcourt for the state of relanganaat} Hvderabad. [OUT]

¶88

ra.i,ivi"btJio'6F^{to,. Women Developm_entand Child Welfare, High Court for} the State ofTelangana^{at Hyderabad.[o-U ll}

¶89

14.i;;ECJio^{cp-tor R;r;;r;, uisrr'couit for the State of relanganaat} Hvderabad. [OUT]

¶90

15i,i;'6b;tiibH tor^{Home, High court for the state of Telanganaat} Hvderabad. [OUT]

¶91

16 iii';-cC 6 t'ii. vAsuoHn^{NAGARAJ,AMlcus cuRIAE[oPUC]}

¶92

'17.Two CD CoPies.

¶93

18.One Spare^CoPY

GJP

x-\r

( t

HIGH COURT DATED:12 tO4t2O22

¶99

ORDER

¶100

WP(P|L).No.35 of 2O2O

¶101

gTATE Or
\ L
o
*
lo \t N'{ N[l
o ),.
x'c 7,/
\ i D:9o

¶102

DrspostNc OF THE WR|T pETtTtoN (ptL) WTHOUT COSTS

¶103

u\ 0'' ^,
tNA

Letter submitted by the Member Secretary v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Letter submitted by the Member Secretary v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

B. Shankar and 2 others Vs Sri. D. Prabhakar Rao and another

Ainala Nandini Vs Sri. D. Prabhakar Rao and another

Valadasu Praveen Kumar, Vs Sri. D. Prabhakar Rao and another

I.Narasimha Murthy Hyd Vs Secy Min of Law J and Home Affairs New Delhi and 8 Others

Mohammed Shabbir Hussain alias Jaber Patel Vs The State of Telangana

Kondapally Sridhar Reddy Vs Ramesh Reddy Meda