Andhra Pradesh High Court - Amravati
Bandaru Salyavathi, vs The State Of Andhra Pradesh, on 3 August, 2021
Author: Battu Devanand
Bench: Battu Devanand
1
HON'BLE SRI JUSTICE BATTU DEVANAND
Writ Petition No.13819 OF 2021
ORDER:
01. This Writ Petition has been filed against the action of the respondents in not extending the financial assistance of Rs.75,000/- to the petitioners, who belonging to BC and Minority Communities under YSR Cheyutha Scheme, which was introduced through G.O.Ms.No.636, dated 12.06.2020 is illegal, arbitrary and in violation of Articles 14 and 21 of the Constitution of India and for a consequential direction to the respondents to extend the financial assistance of Rs.75,000/- to the petitioners forthwith in the interest of justice.
02. Heard learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj appearing for Respondent No.1, learned Government Pleader for Revenue appearing for Respondent No.2, Sri Raviteja, learned counsel appearing for Respondent No.3, learned Standing Counsel for Respondent Nos. 4 and 5 and Sri I. Koti Reddy, learned Standing Counsel appearing for respondent Nos.6,7 and 8. With their consent, this Writ Petition is disposed of at the stage of admission. 2
03. A Counter affidavit has been filed on behalf of Respondent No.7.
04. The case of the petitioners is that all the petitioners are belongs to BC and Minority Communities. All the petitioners are the above age of 45 years. The Government of Andhra Pradesh has introduced the Scheme of "YSR Cheyutha" for sanction of financial assistance of RS.75,000/- in four phases to the women belonging to the BC, SC, ST and Minority Community, who are in the aged group of 45 to 60 years ( except the women beneficiaries already covered under YSR Pension Kanuka) towards their financial empowerment through various welfare corporations.
05. Learned counsel for the petitioners submits that the petitioner Nos. 1 to 14 have received the financial assistance for the year 2020 @ Rs.18,750/-. For the year 2021, the respondents, more particularly, respondent Nos. 6 to 8 have not extended the financial assistance on the ground that the Sarpanch of the village has instructed them not to release financial assistance to the petitioners as they did not support him during recent panchayat elections. Petitioner Nos. 15 to 18 are new applicants and they requested respondent Nos. 7 and 8 to extend the said scheme in their favour, but they are not considered. 3
06. Learned counsel would submit that all the petitioners are eligible to receive the financial assistance under "YSR Cheyutha" Scheme for the period of four years, but the respondents are not extending the benefit to the petitioners illegally. Respondent Nos. 6 to 8 refused to receive the representations of the petitioners also. Under the circumstances, the petitioners are constrained to file this Writ Petition.
07. Sri I. Koti Reddy, learned Standing Counsel for Respondent Nos. 6 to 8 submits that petitioner Nos. 1 to 14 were given the benefit under the said scheme for the year 2020-2021 financial year. This year, the Grama Volunteer, was given the power of login for enumeration of the beneficiaries. In the verification, the Grama Volunteer found that the petitioners are ineligible for the said scheme for the current year.
08. The learned counsel would submit that if the petitioners approach the panchayat office along with requisite documents, they will verify and process the applications of the petitioners for grant of amount under the said scheme for this current year also.
4
09. Learned Standing Counsel further submits that the application of petitioner No.16 has been processed for grant of benefit and the concerned Corporation has to take decision for grant of the benefit. Petitioner Nos. 15,17 and 18 have not approached the Gram Panchayat for verification of their eligibility and if they approach the Gram Panchayat, their applications will be considered and processed after verifying their eligibility.
10. Having heard the submissions of the respective counsel and upon perusal of the material available on record, it is clear that petitioner Nos. 1 to 14 were given benefit under the scheme "YSR Cheyutha" for the financial year 2020-2021 and the same benefit was not extended for the present year stating that on verification of the Grama Volunteer, they were found ineligible for the current year. This Court is not accepting the submission of Respondent No.7 on this aspect. As and when petitioner Nos. 1 to 14 are found eligible for the financial assistance under the scheme for the year 2020 and they were paid Rs.18,750/- each and now saying they are not eligible for the current year (2021) is unreasonable and irrational. It is also to be noted that when the petitioners were identified as beneficiaries under the scheme for the year 2020 and released financial assistance for the said year and stopping 5 the said benefit for the current year without putting the petitioners on notice is in violation of principles of natural justice.
11. With regard to Petitioner No.16, it is stated in the counter affidavit of respondent No.7 that the application of petitioner No.16 has been processed for grant of benefit and the concerned Corporation has to take a decision for grant of the benefit.
12. With regard to Petitioner Nos. 15,17 and 18, it is stated in the counter affidavit that they did not approach the Gram Panchayat for verification of their eligibility and if these respondents approach Respondent No.7, their applications will be processed after verification of the eligibility criteria.
13. In view of the above, this Writ Petition is disposed of with the following directions:
i) the Respondents are directed to continue the financial assistance under YSR Cheyutha scheme to petitioner Nos.1 to 14 forthwith;
ii) the respondents shall extend the benefit of financial assistance under YSR Cheyutha scheme for Petitioner No.16 forthwith;6
iii) The petitioner Nos. 15,17 and 18 are directed to approach Respondent No.7 and submit the requisite documents to establish their eligibility under the scheme within one week from the date of receipt of a copy of the Order;
iv) On production of the documents by Petitioner Nos.
15,17 and 18, respondent No.7 shall process their applications within one week thereafter to the concerned Officers and the entire exercise for extending the benefit to them, if they are found eligible, within one month;
v) the respondents are directed to inform the reasons in writing under proper acknowledgment to the concerned, if any out of Petitioner Nos. 15,17 and 18 are found ineligible, within one week from the date of verification of their documents.
14. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Date: 03.08.2021 Eha/PGR 7 HON'BLE SRI JUSTICE BATTU DEVANAND WP No.13819 of 2021 Dt: 03.08.2021 Eha/PGR