Andhra Pradesh High Court - Amravati
. Pokuri Bala Koteswara Rao vs State Of Andhra Pradesh on 27 September, 2021
Author: Battu Devanand
Bench: Battu Devanand
THE HONOURABLE SRI JUSTICE BATTU DEVANAND Writ Petition Nos.18874 of 2020; 19281 of 2021; 19532 of 2021; 19639 of 2021; 19825 of 2021; 19923 of 2021; 20467 of 2021 and 20468 of 2021. COMMON ORDER:
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Heard learned counsel appearing for the Petitioners and the learned counsel appearing for the respondents in all Writ Petitions and perused the material available on record.
2) Having heard the submissions of the learned counsel and upon perusal of the material available on record, this Court noticed that all these Writ Petitions are filed against the action of the respondents in stopping the social security pensions for which they are entitled/eligible without issuing any notice to the Petitioners or not sanctioning pension, though they have fulfilled eligibility criteria.
3) A counter affidavit has been filed by the Chief Executive Officer, Society for Elimination of Rural Poverty (SERP).
4) It appears from the material available on record that the Government of Andhra Pradesh introduced 2 "Social Security Pensions" such as Old Age, Widow, Weavers, Toddy Tappers, Fishermen, Single Women, Traditional Cobblers and PLHIV (ART pensions), Disabled Pensions and CKDU/Dialysis pensions, etc.
5) The aim and object of introducing the Social Security Pension Scheme as stated in G.O.Ms.No.174, Panchayat Raj and Rural Development (RD.I) Department dated 13.12.2019 is extracted hereunder.....
The Government is committed to the Welfare and Development of all the segments of the Society, and in order to achieve this object had announced "Navarathnalu" comprising of various welfare and developmental programmes. As a part of the Navarathnalu, enhancement of pension amount and reduction in the age criteria for old age pension is a major welfare measure to ameliorate the hardships of the poor and vulnerable sections of the society particularly the old and infirm, widows and persons with disability to secure a dignified life.
6) It appears that the State Government vide G.O.Ms.No.174 dated 13.02.2019, issued comprehensive revised guidelines regarding eligibility criteria for sanction of pensions under the scheme of Y.S.R. Pension Kanuka. 3
7) In the considered opinion of this Court, it is for the State Government to prescribe the eligibility criteria for sanction of pensions and this Court doesn't want to express any opinion with regard to the eligibility criteria prescribed for sanction of those pensions as it is not under challenge.
8) However, through the present Writ Petitions, it came to the notice of this Court that though the petitioners are fulfilling the eligibility criteria for sanction of pension for which they are entitled, the respondent authorities are not considering them to sanction pensions. Another allegation is that though some of the petitioners are getting the pensions from considerable period basing on their eligibility and entitlement, the payment of said pension has stopped without any reason or without issuing any notice to the petitioners, basing on political considerations.
9) Basing on the material available on record, this Court is accepting the contention of the learned counsel for the petitioners and there is some substance in their contention that without issuing any notice or enquiry, the 4 payment of pensions have stopped, which they have been getting for a considerable time. In some of the cases, though the petitioners fulfilled eligibility criteria, their applications for sanction of pensions are not being considered for the reasons best known to the respondents, in spite of clear instructions issued vide Memo No.1071245/RD.I/A1/ 2020, Panchayat Raj and Rural Development (RD.I) Department, dated 27.01.2020 and Memo No.1370436/RD.I/A2/2021-1, Panchayat Raj and Rural Development (RD.I) Department, dated 26.03.2021, with prescribed procedure and stipulation of time frame.
10) This Court is unable to understand the action of the respondent authorities in stopping the Old Age and Disabled Pensions, which are sanctioned earlier considering the Old Age and Disability of the said beneficiaries. This Court can understand, if pensions sanctioned for widows and single women are stopped, if they have got married subsequently. But, with respect to the remaining categories of pensions (i.e.) Old Age Pension or Disability Pension, the status of the beneficiaries will not change subsequently, once the 5 pension has been sanctioned after considering their eligibility.
11) This Court noticed in some cases that the respondent authorities stopped pensions without any reason. For example, the disability pension will be granted basing on the certificate issued by the Medical Board. The Single Women Pension will be granted basing on the certificate issued by the concerned Tahsildar. Now, without conducting appropriate enquiry to verify the authenticity of that certificate, simply basing on the reports of Village Volunteers and Village Secretariat staff, stopping the payment of pension is nothing but violation of principles of natural justice and it is against to the aim and object of the Social Security Pension Scheme.
12) If the respondent authorities are under the impression that the said certificates are not bonafied, at first instance, they have to conduct enquiry against the concerned officers, who issued those certificates. The respondents are entitled to stop the payment of pension, only when it is proved that the certificates produced by the beneficiaries are not bonafied after issuing notice to the concerned and by following the due process of law. 6
13) This Court in Rajula Sahu and others Vs. Principal Secretary, Panchayat Raj, Government of A.P1, held as extracted hereunder:
For the reasons stated above, this Court is holding that stopping payment of social security pension to the petitioners without conducting any enquiry or without issuing any notice is illegal, arbitrary, discriminatory and against the object of social security pension scheme, against the principles of natural justice and violative of Article 14 and 21 of the Constitution of India.
14) It is an admitted fact that crores of rupees which is the public money is being spent by the State Government under the scheme of Social Security Pensions. The Government is the trustee of the public money. It has to be spent fairly, reasonably and without any discrimination on political considerations.
15) This Court in Rajula Sahu's case (1st supra) at para No.15 opined as extracted hereunder:
But, it has to be noted that the government is the trustee of the public money. The government is empowered to utilize the public money in a proper manner for the benefit of the public at large. The government is not supposed 1 (2020)5 ALT 261 =(2020) 6 ALD 552 7 to spend public money as per their whims and fancies as this public money is accrued from the payment of the taxpayers. This public money is the property of every citizen. The courts, time and again held the same.
16) The order in Rajula Sahu's case (1 supra) is confirmed by a Division Bench of this Court in Writ Appeal No.103 of 2021, dated 26.02.2021.
17) On careful examination of the aim and object of the State Government for introducing Social Security Pension Scheme, it appears that it is introduced to enforce Directive principles of State policy mandated under Article 38 and 41 of the Constitution of India. The aim and object of the State Government to provide Social Security pensions for the welfare of the poor and vulnerable sections of the society has to be appreciated as it provides to secure a dignified life guaranteed under the Article 21 of the Constitution of India to the beneficiaries.
18) The fruits of the Social Security Pension Scheme should reach the real poor and needy people of the vulnerable sections of the society. Though there is no doubt to this Court about the good intention of the Government to introduce the Social Security Schemes, 8 due to the inaction of the some of the respondent officers, the fruits of the schemes are not reaching the real beneficiaries and the said scheme is not achieving its goal in toto.
19) In view of the above, we hold that once Social Security Pension is sanctioned after considering the fulfillment of eligibility criteria to any person, stopping the payment of the said pension without notice to the concerned beneficiary and without conducting enquiry is unreasonable, illegal, unjust, irrational and against to the aim and object of the Scheme of Social Security Pensions.
20) During the course of hearing of the Writ Petitions, which are filed against stopping the payment of pensions, learned counsel appearing for the respondents, submitted that the cases of the petitioners who are having the eligibility under the said scheme will be considered and payment will be made from the date when it was stopped, if the petitioners produce the requisite documents to establish their eligibility for pension under the relevant scheme.
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21) With regard to sanctioning pensions to new applicants, the State Government issued instructions prescribing sanction procedure for new applications and time frame stipulated for sanctioning new pensions vide Memo No.1071245/RD.I/A1/ 2020, Panchayat Raj and Rural Development (RD.I) Department, dated 27.01.2020 and memo No.1370436/RD.I/A2/2021-1, Panchayat Raj and Rural Development (RD.I) Department, dated 26.03.2021. As per said memos, from the date of receipt of application for seeking pension, the sanction order has to be issued within twenty one (21) days.
22) As the issue involved in these Writ Petitions is with regard to payment of pension under Social Security Scheme, which is meant for livelihood of the petitioners, in the opinion of this Court, instead of keeping the Writ Petitions pending for years together, it is appropriate to dispose of these Writ Petitions with the consent of both parties to meet the ends of justice. Both parties agreed to dispose of these Writ Petitions at the stage of admission.
23) Accordingly, for the reasons stated above, these Writ Petitions are disposed of with the following directions:
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I) In the case of stopping payment of pension:
i) The respondents are directed to make payment of pension to the petitioners from the month when it was stopped to till date forthwith.
ii) The Mandal Parishad Development Officer of the concerned Mandal is directed to receive and verify the documents of the petitioners in their village within seven (7) days from the date of this order.
iii) If the Mandal Parishad Development Officer is otherwise busy, he shall depute Panchayat Secretary and Village Revenue Officer of the concerned village for this purpose.
iv) The Mandal Parishad Development Officer shall intimate the date of verification of documents to the petitioners two days in advance.
v) The petitioners shall submit relevant/requisite documents to establish their eligibility for entitlement of pension for which they are seeking before the Mandal Parishad Development Officer or the officers deputed.
vi) Upon production and verification of the documents submitted by the petitioners, the Mandal Parishad Development Officer shall examine the eligibility 11 of the petitioners and include their names in the eligibility list within seven (07) days thereafter.
vii) If, the case of any petitioner is not considered for Social Security Pension Scheme, the Mandal Parishad Development Officer, shall intimate the reasons in writing to the petitioner immediately under proper acknowledgment.
viii) The respondents are directed to continue the payment of pension to the petitioners every month who satisfied the eligibility criteria.
ix) The entire process shall be completed within three (3) weeks from the date of this order.
II) In the case of fresh applicants:
The procedure and time limit prescribed in memo No.1071245/RD.I/A1/2020, Panchayat Raj and Rural Development (RD.I) Department, dated 27.01.2020 and Memo No.1370436/RD.I/A2/2021-1, Panchayat Raj and Rural Development (RD.I) Department, dated 26.03.2021 shall be strictly followed and shall pay pension every month to the petitioners, who have satisfied the eligibility criteria without any delay.12
24) There shall be no order as to costs.
Miscellaneous petitions pending, if any, in these writ petitions shall stand closed.
______________________ JUSTICE BATTU DEVANAND Date: 27.09.2021 Note: Furnish copy by tomorrow.
B/o PGR/Klpd 13 THE HONOURABLE SRI JUSTICE BATTU DEVANAND Common order passed in Writ Petition Nos.18874 of 2020; 19281 of 2021; 19532 of 2021; 19639 of 2021; 19825 of 2021; 19923 of 2021; 20467 of 2021 and 20468 of 2021.
Date :27.09.2021 PGR/KLPD