Undavalli Malakondaiah, v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.7485 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of respondents in deleting the names of the petitioners from the eligible list of pensioners of Kondamudusupalem Grampanchayat, Kandukur Mandal, Prakasam District and stopping payment of pension amount to them, as illegal, arbitrary and violative of principles of natural justice and consequently to direct respondents to pay pension amount due to the petitioners as paid earlier in terms of G.O.Ms.No.113 PR & RD (RD-1) Dept. dated 19.06.2014 and G.O.Ms.No.135 PR & RD (RD-1) Dept. dated 17.09.2014 from the date of stoppage of pension. The case of the petitioners is that they were granted pension in terms of G.O.Ms.No.135 PR & RD (RD-1) Dept. dated 17.09.2014 and they have been paid pension till September, 2014.

But without issuing any prior notice and conducting enquiry, all of sudden their pensions were stopped. After coming to know the same, the petitioners have made an appeal to the Mandal Development Officer, Kandukur, on 29.12.2014. But till today, no orders are passed. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioners, learned Government Pleader for Panchayat Raj, appearing for respondent Nos.1 and 2, learned Government Pleader for Revenue, appearing for respondent Nos.3 and 7 and Sri G.Seshadri, learned Standing Counsel appearing for respondent Nos.5 and 6. Since it is stated that the names of the petitioners were deleted without showing any reason and without any prior notice and even the appeal filed by the petitioners before Mandal Development Officer, Kandukur, on 29.12.2014 is pending, the Mandal Development Officer, Kandukur, is directed to dispose of the appeal filed by the petitioners within a period of two weeks from the date of receipt of a copy of this order. If the appeal is not disposed of within the aforesaid period, the order granting pension in favour of the petitioners is valid and subsisting, the

petitioners shall be paid pension unless the order of granting pension is cancelled. With the above directions, this writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

____________________ A.RAJASHEKER REDDY, J 07.04.2015 pab