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High Court for State of TelanganaWP/39756/2015disposed of no costs

Dumpa Sunkamma, v. The State Of Andhra Pradesh,

2015-12-08C.V.Nagarjuna Reddy3 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39756 of 2015 Date:08.12.2015 Between:

Dumpa Sunkamma, W/o Polaiah and 20 others.

..... Petitioners And:

The State of A.P., reptd., by its Principal Secretary, Panchayat Raj Department, Hyderabad and three others.

.....Respondents Counsel for the Petitioners: Mr. I.Koti Reddy Counsel for Respondent Nos.1 to 3: AGP for Panchayat Raj (AP) The Court made the following:

ORDER:

The grievance of the petitioners, who are 21 in number, is that despite report in Rc.No.C/200/2015, dated 05.8.2015, of respondent No.4, respondent Nos.2 and 3 have not granted the Old age pension to them. I have heard Mr. I.Koti Reddy, learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj (Andhra Pradesh) for respondent Nos.1 to 3 and Mr. Ravi Cheemalapati, learned Standing Counsel

for respondent No.4.

The petitioners averred that they are residents of Santhanuthalapadu Gram Panchayat and aged ranging between 67 to 75 years and are eligible for grant of Old age pension; that some persons who felt aggrieved by non-inclusion of their names in the list of eligible persons for grant of Old age pension have filed Writ Petition No.18323 of 2015, which was disposed of by this Court by order, dated 24.6.2015, with the direction to the Mandal Pensions Committee to consider the appeals that may be filed by the petitioners therein; that following the said order, 73 persons, who include the petitioners herein, approached respondent No.4 to consider their cases also for grant of Old age pension; and that, accordingly, respondent No.4 has enquired into the eligibility or otherwise of the said 73 persons and sent his recommendation, vide his report dated 05.8.2015, as referred above.

As observed hereinbefore, the grievance of the petitioners is that despite the said report, respondent Nos.2 and 3 have not been taking any action for grant of Old age pension to them.

I have carefully perused the report, dated 05.8.2015, of respondent No.4, which reveals that on enquiry, he has found that out of the 73 persons who made representations to consider their cases for grant of Old age pension, 20 persons were entitled for grant of Old age pension and 23 women were entitled for grant of Widow pension. A purported list was submitted along with the report of respondent No.4.

The petitioners pleaded that one person by name Cherukuri Yalamandha, who is shown at Serial No.2 of the eligibility list sent by respondent No.4, was granted Old age pension and that, as they have not been granted the pension, they filed this Writ Petition.

In my opinion, respondent Nos.2 and 3 cannot deny grant of pension to the petitioners if they are found eligible by respondent No.4. These respondents are, therefore, directed to verify whether their names are included in the Pensions eligible list sent by respondent No.4 and if their names are included therein, they shall be granted the Old age pension with effect from 01.12.2015 within a period of four weeks from the date of receipt of a copy of this order.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.51312 of 2015 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 08th December, 2015 DR