Andhra Pradesh High Court - Amravati
Chemuduri Surendra Kumar vs Sri Gopal Krishna Dwivedi Ias on 4 November, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
CONTEMPT CASE NO.130 of 2022
AND
WRIT PETITION NO.1911 OF 2022
COMMON ORDER:-
C.C. NO.130 of 2022 This Contempt Case has been filed complaining willful disobedience in implementing the Order dated 30.09.2021 passed by this Court in W.P.No.20740 of 2021.
02. Heard Sri G.V. Shivaji, learned counsel for the petitioner, Sri Kiran Kumar Vadlamudi learned counsel for the Respondent Nos.1 & 2, Sri Raviteja Padiri for Respondent Nos.3 & 4 and perused the material available on record.
03. The petitioner filed W.P.No.20740 of 2021 against the action of the respondents in stopping the social security pension for which he is entitled/eligible, without issuing any notice to the petitioner, though he has fulfilled eligibility criteria.
04. This Court disposed of W.P.No.20740 of 2021 on 30.09.2021 by following the order of this Court in W.P.No.18874 of 2020 & batch on 27.09.2021 and issued the following directions: 2
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 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."3
05. Learned counsel for the petitioner submits that, without implementing the orders of this Hon'ble Court in W.P.No.20740 of 2021 on 30.09.2021 in true spirit, the respondents deliberately flouted the orders of this Court and issued Endorsement in No.862/2021/B1 dated 23.10.2021 and informed to the petitioner that the petitioner is not eligible for social security pension. The Endorsement itself amounts to violation of the orders passed by this Court in W.P.No.20740 of 2021 on 30.09.2021. He further contends that, failure on the part of the respondent in implementing the orders of this Court would amount to disobedience of the orders of this Hon'ble Court, and, therefore, they are liable for punishment under Sections 10 to 12 of the Contempt of Courts Act. Complaining the same, the petitioner filed the present Contempt Case.
06. Respondent Nos.3,4 & 5, filed their respective counter affidavits contending that, pursuant to the orders passed by this Court in W.P.No.20740 of 2021 dated 30.09.2021, an amount of Rs.63,000/- @ Rs.3,000/- per month for the period of February, 2020 to September, 2021 (21 months) was paid to the petitioner vide Cheque bearing No.531391 dated 18.01.2022. Further, the pension arrears of Rs.12,000/- for 4 the period October, 2021 to January, 2022 was also disbursed to the petitioner through Cheque bearing No.531392 dated 28.02.2022. It is also contended that, vide proceedings in ROC No.862/2021/G1 dated 22.02.2022 of Respondent No.5 - Commissioner, Markapur Urban Municipality, pension was restored to the petitioner, as such, the directions of this Hon'ble Court has been complied with and requested to close the contempt case.
07. Having heard the submissions of the respective counsel and upon perusal of the material available on record, it appears that, in compliance of the order of this Court in W.P.No.20740 of 2021 dated 30.09.2021, Respondent No.5 has issued an Endorsement in No.862/2021/B1 dated 23.10.2021 and informed to the petitioner that the petitioner is not eligible for social security pension due to the reason that one of the family member is getting government service pension and white ration card was cancelled. In the counter affidavit filed by Respondent Nos.3,4 & 5, it is stated that, Respondent No.5 issued an Endorsement dated No.862/2021/G1 dated 22.02.2022 restoring the social security pension to the petitioner. It is also stated in the counter affidavit that, the entire arrears of social 5 security pension payable to the petitioner were also paid to the petitioner.
08. Admittedly, the petitioner is suffering with 90% disability as per the certificate issued by the Medical Board constituted by the State Government. If the petitioner is not entitled for the disability pension, who is suffering with 90% disability, this Court is unable to understand as to what is the purpose of introducing social security pensions for the welfare of such persons. In stopping social security pensions to the fully eligible persons like the petitioner, saying technical reasons mentioned in the social security schemes is unreasonable.
09. On overall consideration of this factual position, it appears that the petitioner is entitled for social security pension and the respondents without any reason and without any notice to the petitioner, stopped payment of the same. Even after passing orders in W.P.No.20740 of 2021 dated 30.09.2021 also, the respondents did not choose to change their attitude and to restore the pension of the petitioner. Besides this, Respondent No.5 issued Endorsement in No.862/2021/B1 dated 23.10.2021 informing the petitioner that he is not 6 entitled for the social security pension. This Court is expressing it displeasure and anguish towards the attitude of the respondents.
10. In view of the facts and circumstances of the case, in the considered opinion of this Court, Respondent Nos.1 & 2 are not having much role in this issue and Respondent Nos.3 to 5 have committed Contempt of Court by not implementing the order of this Hon'ble Court in W.P.No.20740 of 2021 on 30.09.2021 and they are liable for punishment under the provisions of the Contempt of Courts Act, 1971.
11. When this Court asked the Contemnor Nos.2 to 5 who are present before this Court with regard to the punishment to be imposed against them for violation of the Court orders, they requested the Court to consider it as first mistake and tendered unconditional apology and they undertook that, in future they will implement the orders of this Court in true spirit.
12. In view of the entire facts and circumstances of the case, this Court is accepting the unconditional apology tendered by the contemnors. Accordingly, the contempt case is closed, with 7 a warning to Contemnor Nos.3 to 5 to be more careful in future in implementing the orders of the Court.
13. Consequently, miscellaneous petitions pending, if any, in this contempt case shall stand closed.
W.P. NO.1911 OF 2022
14. The petitioner also filed W.P.No.1911 of 2022 against the Endorsement in No.862/2021/B1 dated 23.10.2021. In the said writ petition, the respondents filed their counter affidavits, wherein, in the counter affidavit filed by Respondent No.6, it is stated as follows:
"4 ...The social security pension treating the petitioner as disabled and paid to the petitioner as per the directions of the Hon'ble High Court of A.P., Amaravati vide this office cheque bearing No.531391 dated 18.01.2022 for Rs.63,000/- as pension arrears (i.e., from February, 2020 to September, 2021) for 21 months and encashed by the petitioner.
15. Respondent No.6 - Commissioner, Markapuram (Urban) Municipality placed on record proceedings in R.C.No.862/2021/G1 dated 03.02.2022, wherein, it is stated as follows:
"It is informed that, Sri C.H. Surendra Kumar is eligible for the disabilities pension, in view of the orders of the Hon'ble Court in W.P.No.20740 of 2021 and requested to take necessary action."8
16. In view of the contentions of the respondents, it appears, as of now, the petitioner was paid the entire arrears towards the pension amount and also created ID.No.108130717 for pension account and paying the social security pension from the month of February, 2022 onwards.
17. Considering the facts and circumstances of the case, in our considered opinion, it is appropriate to dispose of the writ petition with the following direction:
(i) The social security pension sanctioned to the petitioner vide ID.No.108130717, shall continue.
Consequently, miscellaneous petitions pending, if any, in this writ petition shall stand closed.
_____________________________ JUSTICE BATTU DEVANAND Date: 04.11.2022 SP 9 THE HONOURABLE SRI JUSTICE BATTU DEVANAND CONTEMPT CASE NO.130 of 2022 AND WRIT PETITION NO.1911 OF 2022 Date: 04. 11.2022 SP