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High Court for State of TelanganaWP/8735/2016disposed of no costs

Daggumati Subbaiah, v. The State Of Andhra Pradesh, Rep By Its Principal Secretary,

2016-04-22Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.8735 of 2016 ORDER:

It is the case of the petitioners that the petitioners are not being released with old age pension in terms of G.O.Ms.No.135, dated 17.09.2014.

Sri G. Seshadri, learned counsel appearing on behalf of 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.

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 November 2014. Thereafter, it is their complaint that they are not being paid old age pension.

G.O.Ms.No.135, dated 17.09.2014 is the G.O.

issued wherein procedure for verification of eligibility of pensioners and collection of applications for new pensions also have been notified. It is the submission of the 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 November, 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 November, 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.

Accordingly, this Writ Petition is disposed of, with the above directions. No costs.

As a sequel, miscellaneous petitions pending if any, in this Writ Petition shall stand closed.

___________________________​______ JUSTICE CHALLA KODANDA RAM Date: 22-04-2016 ska