Andhra Pradesh High Court - Amravati
Shaik John Bee, vs The State Of Andhra Pradesh on 28 September, 2021
Author: Battu Devanand
Bench: Battu Devanand
THE HONOURABLE SRI JUSTICE BATTU DEVANAND Writ Petition Nos.17691 of 2020; 15903 of 2021; 18562 of 2021; 19018 of 2021; 20020 of 2021; 20346 of 2021; 20353 of 2021; 21103 of 2021 and 21739 of 2021. COMMON ORDER:
-
Heard learned counsel appearing for the respective parties and perused the material available on record.
2) All these writ petitions have been filed against the action of the respondents in not paying/extending the financial assistance to the petitioners in terms of G.O.Ms.636 Panchayat Raj and Rural Development (RD.I) Department, dated 12.06.2020 and Memo No.1168432/RD.1/A1/2020-2, dated 27.07.2020 issued by the 1st respondent under Y.S.R. Cheyutha Scheme in spite of the petitioners being eligible on far with other similar and eligible beneficiaries and stopping payment of the financial assistance under Y.S.R. Cheyutha Scheme without issuing any notice or enquiry in respect of the some of the writ petitioners.
3) The respondents filed their counter-affidavits.
4) The case of the petitioners is that the petitioners are women belonging to BC, SC, ST and Minority 2 communities. They are economically weaker and their families being rated below the poverty line as per the norms of the State. They are all in the age group of 45 to 60 years.
5) The 1st respondent-State Government introduced a scheme named as "Y.S.R. Cheyutha" vide G.O.Ms.636 Panchayat Raj and Rural Development (RD.I) Department, dated 12.06.2020 to extend financial assistance to the women belonging to BC, SC, ST and Minority Communities, who are in the age group of 45 to 60 years with an object to enhance their livelihood opportunities and living standards. Subsequently, by issuing Memo No.1168432/RD.1/A1/2020-2, dated 27.07.2020, the State Government extended the scheme to the Y.S.R. pensioners. All the petitioners are eligible to get the financial assistance under Y.S.R. Cheyutha Scheme as they meet all the conditions/criteria laid down under the eligibility criteria for beneficiaries enumerated in para (iii) of the annexure to G.O.Ms.636 Panchayat Raj and Rural Development (RD.I) Department, dated 12.06.2020.
3
6) The grievance of the petitioners is that though they are eligible for the financial assistance under Y.S.R. Cheyutha Scheme and they have fulfilled eligibility criteria, the respondents under political considerations not including the names of the petitioners in the beneficiaries list and not extending the benefit of the scheme to them.
7) The grievance of some of the petitioners is that considering their eligibility, their names were included in the beneficiary list and financial assistance was paid for the first year (1st installment) and thereafter the said financial assistance was stopped without issuing any notice or without any intimation to the petitioners. It is the complaint of the petitioners that though they made representations to the respondent authorities to consider their case for extending/continuation of financial assistance under Y.S.R. Cheyutha Scheme, the respondents are not considering their request due to political pressure, for which the petitioners are suffering a lot. Under these circumstances, they approached the Court.
4
8) The contentions of the respondents are that the Government has issued the guidelines for identification, verification and approval of beneficiaries for sanction of financial assistance under Y.S.R. Cheyutha scheme vide G.O.Ms.636 Panchayat Raj and Rural Development (RD.I) Department, dated 12.06.2020. During the financial year 2021-22 the Government has given instructions to prepare the list of eligible beneficiaries towards release of 2nd installment to Cheyutha beneficiaries duly verified with six step validation and authentication of volunteer, Secretariat/Ward Welfare & Digital Assistant and MPDO/MC level through their logins by captured Biometric/Irish AADHAAR authentication with every eligible beneficiary.
9) It is further submitted that as per the effective redressal governance mechanism is already in place for those eligible beneficiaries who have been missed out due to any reason, the Department of Grama Sachivalayam & Ward Sachivalayam is implementing several steps to process for grievance redressal. Finally, the learned counsel appearing for the respondents submits that the intention of the Government is to support and extend 5 financial assistance to all eligible beneficiaries who satisfied the eligibility criteria without any discrimination.
10) Having heard the submissions of the respective counsel and upon perusal of the material available on record, it appears that the Government introduced the Scheme as "Y.S.R. Cheyutha" vide G.O.Ms.636 Panchayat Raj and Rural Development (RD.I) Department, dated 12.06.2020 for sanction of financial assistance of Rs.75,000/- in four Phases (in four years) to the women belonging to BC, SC, ST and Minority communities who are in the age group of 45 to 60 years towards their financial empowerment through various welfare corporations. The scheme was launched on 12th August, 2020. The main objective of the scheme to create access to enhance livelihood opportunities, income generation and wealth creation at the household level, on a sustainable basis leading to better standards of living. The eligibility criteria for identification of beneficiaries, process for identification of beneficiaries, operational guidelines have been specifically mentioned in G.O.Ms.636 Panchayat Raj and Rural Development (RD.I) Department, dated 12.06.2020 and in its annexures. 6
11) As per the orders issued in G.O.Ms.No.648 Panchayat Raj and Rural Development (RD-I), Department, dated 11.08.2020, the beneficiaries who became eligible after attaining 45 years as on 12th August every year, will receive the benefit intended as per the objective of the scheme. However, beneficiaries who are currently enrolled and who cross the upper age limit will cease to receive benefit under the scheme and as such beneficiaries will move on to Y.S.R. Pension kanuka subject to eligibility.
12) Basing on the proposals received from the CEO, SERP, Government in Memo No.1168432/RD-I/A1/2020- 2, dated 27.07.2020, the 1st respondent have issued work flow for finalization of the beneficiaries re- verification under Y.S.R. Cheyutha Scheme and the Government also issued Memo No.1409631/RD- I/A2/2021-2, dated 06.06.2021 revised work flow along with Standard Operating Procedures (SOP) and eligibility criteria for release of 2nd installment to the eligible beneficiaries under Y.S.R. Cheyutha Scheme for the year 2021-22. It appears so far two installments under Y.S.R. 7 Cheyutha Scheme paid to the eligible beneficiaries (i.e.) for the year 2020-21 and 2021-22.
13) On careful examination of the aim and object of the State Government for introducing Y.S.R. Cheyutha 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 financial assistance 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.
14) The fruits of the Y.S.R. Cheyutha 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 Y.S.R. Cheyutha Scheme, 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. 8
15) The allegations of the petitioners are that though the writ petitioners satisfied eligibility criteria for extending financial assistance under Y.S.R. Cheyutha Scheme, the respondent authorities are not considered. Another allegation is that though some of the petitioners were extended financial assistance under Y.S.R. Cheyutha scheme for first year subsequently it was stopped without any notice due to political considerations.
16) Basing on the material available on record, the 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, stopping of payment of financial assistance for the second year and not considering their cases in some writ petitions though they satisfied eligibility criteria for financial assistance under the scheme is illegal and arbitrary.
17) This Court in Rajula Sahu and others Vs. Principal Secretary, Panchayat Raj, Government of A.P1, held as extracted hereunder:
1
(2020)5 ALT 261 =(2020) 6 ALD 552 9 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.
18) 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 Y.S.R. Cheyutha Scheme. The Government is the trustee of the public money. It has to be spent fairly, reasonably and without any discrimination on political considerations.
19) 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 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.10
20) 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.
21) In view of the above, we hold that once financial benefit is extended/sanctioned for first year after considering the fulfillment of eligibility criteria to any person under "Y.S.R. Cheyutha Scheme, stopping the payment for second year without notice to the concerned beneficiary and without conducting enquiry is unreasonable, illegal, unjust, irrational and against to the aim and object of the Y.S.R. Cheyutha Scheme.
22) As the issue involved in these Writ Petitions is with regard to payment of pension under Y.S.R. Cheyutha 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:11
i) The respondents are directed to pay/extend financial assistance forthwith to the petitioners under Y.S.R. Cheyutha Scheme, who fulfilled the eligibility criteria.
ii) The respondents are directed to continue the financial assistance to the petitioners, who are granted financial assistance for 1st installment for the remaining installments also subject to fulfillment of eligibility criteria.
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: 28.09.2021 Note: Furnish copy by tomorrow.
B/o PGR 12 THE HONOURABLE SRI JUSTICE BATTU DEVANAND Common order passed in Writ Petition Nos.17691 of 2020; 15903 of 2021; 18562 of 2021; 19018 of 2021; 20020 of 2021; 20346 of 2021 ; 20353 of 2021 and 21103 of 2021.
Date :28.09.2021 PGR