Shaik Meera Saheb , China Meera Saheb, v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 18256 of 2016 ORDER:

It is the case of the petitioners that they are not being released with old age pension in terms of G.O.Ms.No.135, Panchayat Raj and Rural Development (RD.I) Department, dated 17.09.2014. Sri Ravi Cheemalapati, learned Standing Counsel for the 5th respondent submits that an appeal lies to the MPDO committee in relation to the denial of the pension in terms of G.O.Ms.No.135 dated 17.09.2014.

As can be seen from the pleadings and submissions of the respective parties, it appears that the petitioners have been paid old age pension till September, 2014. Thereafter, it is their complaint that they are not being paid old age pension. In G.O.Ms.No.135, dated 17.09.2014, procedure for verification of eligibility of pensioners and collection of applications for new pensions also have been notified. It is the submission of the learned Standing Counsel for 5th respondent that in the process of verification, the names of the petitioners appear to have been found as ineligible. Therefore, their pensions have been stopped. However, it is an admitted fact that no communication, as such, was made to any of the petitioners as to how and in what circumstances the pensions, which were being paid till September, 2014 have been stopped. It is also submitted that there is an appeal provided to the committee consisting of MPDO.

In those circumstances, interest of justice would be better served if a direction is given to the 5th respondent to communicate the reasons in writing, within fifteen (15) days from the date of receipt of a copy of this order, as to why and in what circumstances the pension which was being paid to the petitioners till September, 2014 has been stopped. On such communication to the petitioners, the petitioners may approach the appellate authority-MPDO Committee and the MPDO Committee in turn shall consider the objections and material on record and restore

the pension to the petitioners, if they are otherwise eligible, within a period of six (06) weeks from the date of appeal being filed. With the above directions, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous petitions pending if any, in this Writ Petition shall stand closed.

___________________________________ JUSTICE CHALLA KODANDA RAM Date: 14.06.2016 va