Andhra Pradesh High Court - Amravati
Chegireddy Venkata Murali Mohan Reddy vs The State Of Andhra Pradesh on 2 May, 2022
Author: R.Raghunandan Rao
Bench: R.Raghunandan Rao
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.5074 of 2022
ORDER:-
The petitioner was earlier getting pension under the physically handicapped category. The payment of this pension was stopped by the Mandal Parishad Development Officer, Cumbum Mandal, Prakasam District, Andhra Pradesh by notice dated 09.12.2021 in Rc.No.Notice/pension Number:10813996. The pension is said to have been stopped pending enquiry on the eligibility of the petitioner to receive this pension as his wife possessed a rice card.
2. Aggrieved by the said stoppage, the petitioner has approached this Court, by way of the present writ petition.
3. Sri V.Vinod K.Reddy, learned standing counsel for respondents 3 to 5 relied upon G.O.Ms.No.174, dated 13.12.2019 to contend that the petitioner does not meet the eligibility criteria set out in Rule 4(1) of the said G.O as the wife of the petitioner is working as an Anganwadi worker.
4. The ground for stoppage of pension in the impugned notice is that the wife of the petitioner possesses a rice card. The ground raised in this Court is that the wife of the petitioner is an Anganwadi worker and the same does not find place in the notice.
5. Prima facie, the notice is without jurisdiction as the eligibility criteria set out in G.O.Ms.No.174 does not speak 2 about any disqualification, if any member of the family possesses a rice card.
6. In the circumstances, the writ petition is allowed by setting aside the notice dated 09.12.2021 in Rc.No.Notice/pension Number:10813996 with a further direction to the respondents to continue to pay the pension to the petitioner.
7. However, this shall not preclude the respondents from initiating action in the event, it is found that the petitioner does not meet the eligibility criteria.
Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 02-05-2022 RJS 3 THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.5074 of 2022 Date : 02-05-2022 RJS