Andhra Pradesh High Court - Amravati
U Venkata Ramanaiah vs The State Of Ap on 25 November, 2024
HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE No: W.P.Nos.27203, 26881 and 26991 of 2024
PROCEEDINGS SHEET
SL. DATE ORDER OFFICE
NO. NOTE
01. 25.11.2024 GN, J & KM, J
Heard learned counsel for the petitioners and
learned Additional Advocate General for the State.
A batch of writ petitions has been filed by retired
pensioners and also the present writ petitions were
filed by similarly placed retired employees.
Taking note of the fact that the parties involved
are retired pensioners and also taking note of the huge
number of pensioners, which runs into thousands, this
Court had requested the learned Additional Advocate
General to advise the respondents not to initiate any
recovery proceedings.
This suggestion was made keeping in view that many of the pensioners may not be drawing handsome amounts, and many may be even past their 70s and 80s. It would be a herculean task to expect such pensioners of advanced age to contact counsel, approach the Court and seek relief. That apart, it would also have telling effect on the meager sums of pension that they receive and could affect their 2 GNJ & KMJ WP_27203_2024 & batch SL. DATE ORDER OFFICE NO. NOTE sustenance too. Litigation as is well known is expensive these days and on the judicial side also it would have led to a docket explosion.
Considering the above factors and the fact that in some cases several High Courts, including this Court had granted interim relief of stay of recovery, we had made the above suggestion.
Learned AAG would submit that the same has been placed before the authorities and the authorities have communicated the decision of the Government of Andhra Pradesh vide memo dated 25.11.2024 and paragraph four reads as under:
"4. In view of the above circumstances, the Director of Treasuries and Accounts is hereby instructed not to deduct the commutation portion of pension from all the pensioners who have completed 11 years 3 months, till further orders."
The same is placed on record.
We also place on record our appreciation for the pragmatic approach adopted by the concerned to prevent a docket explosion and also trauma to the pensioners, who admittedly are persons who have completed more than 11 years post their retirement, implying thereby the said persons are all in their early 70s, if not well past their 70s.
3
GNJ & KMJ
WP_27203_2024 & batch
SL. DATE ORDER OFFICE
NO. NOTE
List these matters along with W.P.No.24822 of 2024 and batch on 03.12.2024.
___________ GN, J ___________ KM, J SSN/KBS