High Court · 2025

Judgment

5. The State of Telangana, Rep by its secretary Panchayat Raj and Rural Development Department, Telangana Secretariat, Hyderabad. The Commissioner, Panchayat Raj and Rural Development, Telangana. Urdu Hall Lane, Himayatnagar, Hyderabad. Chief Executive officer, Zilla Praja Parishad, Warangal. The Chief Executive officer, District Praja Parishad, Hanumakonda The Chief Executive officer, District Praja Parishad, Mahabubabad. ...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 not considering the representations dated 01-04-2023, 01-2021 , made by the petitioners as illegal, arbitrary, unjust, improper, besides in violation of Principles of Natural Justice and consequently direct the respondent No.2 herein to consider the representation dated 01-04-2023, 01-2021 and to release all the arrears of the pensions including benefits with interest from November 2019 to trll date to petitioner No. '1 and fromSeptember 2O2O till date to petitioner No.2 to 7 which has to be given time to time till today without any further delay. lA NO: 1 OF 2023 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed 1n support of the petition, the High Court may be pleased to direct respondent no.2 herein For the reasons stated in the affidavit filed in support of the above Writ Petition it is hereby prayed that this Hon'ble Court may be pleased to direct respondent no.2 herein to consider the representation dated 01-04-2023, 01-2021 and to release all the arrears of the pensions including benefits with interest from November 20'19 to till date to petitioner No. 1 and from September 2020 ltll date to petitioner No.2 to 7 which has to be given time to time till today without any further delay. Counsel for the Petitioners: SMT B.SHIRISHA Counsel for the Respondent No.1 & 2: SRI P.KISHORE RAO, GP FOR PANCHAYAT RAJ RURAL DEV Counsel forthe Respondent No.3 to 5: SRI R.CHANDRA SHEKAR REDDY, SC FOR TSZP The Court made the following: ORDER ,.*! .+-. rir. .e. d..}: :" ) ORD E R: HON'BLE MRS. JUSTICE SUREPALLI NANDA w RIT PE N o.20983()F20 3 Heard Smt. B. Shirisha, learned counsel appearing on Sri P. Kishore Rao, learned behalf of the Petitioners' PanchaYat Rai and Rural Government Pteader for Development for respondent No'2 and R' Chandra Shekar Reddy, learned Standing Counsel for T'S' Zilla Parishads' appearing on behalf of respondent Nos'3 to 5'

2.7 n a Draver as under: "...to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No'2 in not considering the representations dated OL'04-2O23' Ol-2021' made by the petitioners as illegal, arbitrary' unjust' improper' besides in violation of Principles of Natural lustice and consequently direct the respondent No'2 herein to consider the representation dated OL-04-2O23' Ot- 2O2l and to release all the arrears of the pensions inctuding benefits with interest from November 2019 to till date to petitioner No'1 and from September 2020 till date to petitioner No'2 to 7 which has to be given time : ; I t. t I t I 2 SN,J W.P.No.20983 of 2023 to time till today without any further delay and pass such other order or orders may deem fit and proper in the circumstances of the case."

3. The case of the petitioners, in brief, is that the petitioners are the retired employees and dependents of Work Inspectors/Ga ng men and non provincialized pensioners of Zilla Praja Parishad, erstwhile Warangal District. The Respondents wrongly stopped payment of pensions to the Petltioner No.1 and petitioner Nos.2 to 7 from November, 2019 and September 2020, respectively. Despite repeated representa tio n s, the Respondents failed to release the pension arrears, citing lack of funds. Aggrieved by the same, the petitioner filed the present writ petition. PERUSED THE RE o RD:

4. This Cou rt. vide its order dated O4.O8.20 23 oassed interim orders in favour of the oetitioners ob rvtno as u nder: "Notice before admission. Learned Government Pleader For Services II takes notice on behalf of the respondents No.1 and 2 and waives further notice and seeks time to get instructions in the matter. .& flitd;r ,j 3 SN,J w.P.No.20983 of 2023 Mr. R. Chandra Shekar Reddy, learned Standing counsel for Panchayat Raj, ZPPs and MPs, takes notice on behalf of the respondents No'3 to 5 and waives further notice and seeks time to get instructions in the matter. Registry is directed not to take out notice to respondents No.1 to 5 in view of this waiver. Learned counsel for the petitioners submitted that the petitioners are the retired employees except the petitioners at Sl.No.3 and 5, who are the dependent family members of the deceased employees and are recipients of family pension. It is submitted that the respondents, without assigning any reason have stopped payment of pension to the petitioners' Therefore, the petitioners have made a representation about non-receipt of pension for the last two years, and in response, they were informed by the respondents that due to non-availability of funds in Zilla Parishad, they are unable to provide pensions to the non- provincialized Pensioners. Lea ned counsel for the oetitioners has d t his n d 19. (J3-2fJ22a nden to the 1st resoonde nt for t 2nd nctio of funds for the payment of pensions. It is submitted that no action has been taken by the respondents SO far and all the pensioners' are dependent pension for their livelihood on the 4 sN,J W.P.No.20983 of 2023 t-ist on 11.08.2023 in the Adjourned Motion List."

5. This Court vide its order dated L7-OA.2O23, Dassed interim orders in favour of the oetitioners observino as u nder: "The learned Government Pleader for Services-fl submits that the proposals of the Commissioner i.e., respondent No.2 to respondent No.1 are still pending consideration. In view of the same, respondent No.1 is directed to consider the said proposals and take decision thereon within a period of two (02) weeks from today and communicate the decision to this Court. Post on 31.O8.2023."

6. This Court vide its order dated 22. O9.2O23 Dassed interim orders in favour of the oetitioners observed as u nder: "Learned Government Pleader for Services II has furnished a copy of the Memo.No.PRRD- MZAD/3/80/2023, dated 20.09.2023 enclosing a copy of the letter issued by the Principal Secretary to Government stating that the payment of pension to Non- Provincialized stafF of Panchayat Raj Bodies has to 5 SN,J w,P.No.209A3 0f 2023 be made by the respective Zilla Parishad,s from its own sources matched i.e. by pension contribution from Panchayat Raj Bodies i.e., Gram panchayats and Panchayat Raj Engineering Wings etc., where the employee has retired and the Government cannot take responsibility for payment of pension io the non- provincialized stafF of Panchayat Raj Bodies. I I Learned Govern ment pleader for Services II seeks time to get instructions in the matter. List this matter on 09.10.2023. Since the respondents have submitted written instructions, the appearance of the respondent No.1 is dispensed with."

7. The oroceedi nos of e resDo dent No. 1 vide Memo No.P RRD-MZA l3taot2O23 date

26.09.2023 issu the etitioner ln Dursu ce to the interim orders of thas Cou dated 3 .o8.2023 is extra d hereu der: "The attention of the Govt., pleader for Services. II, High Court Buildings, Hyderabad is invited to the references cited and he is informed that the Hon'ble High Court in their orders dt.31.08.2023 passed the order, which is as follows:- "Learned Government pleader for Services-II seeks further time to comply with the directions of this Court dated 17.08.2023. -:4 ,i'? .,..1 6 SN,J W.P.No.20983 of 2023 l-ist on 2L.O9.2O23 and if the order of this Court dated 17.08.2023 are not complied with, respondent No.1 shall be present in the Court on 2r.09.2023." .1. The Govt., Pleader for Services- II, High Court Buildings, Hyderabad is informed that in the reference 4th cited, it is requested to apprise the Hon'ble High Court, that the Government cannot take responsibility for payment of pension to the Non- Provincia lized staff of Panchayat Raj and see that the WP No.20983 of 2023 is closed, as the orders of Honble High Court are compliecl vide Govt. Memo in the reference 3'd cited.

3. The Government has aoain examined the issue in detailed and observ ed that the there is no sufficient budqet in General Fund and CEOs of ZPPs are requested for oavment of oensions to Non-Provincialized oensioners and accordinolv, released an amount of Rs 6,O2,OO,OOO/- (Ruoees Six Crore Two Lakh Onlv vide reference sth cited on humanitarian orounds.

4. He is therefore requested to apprise the above pc)sition to the Hon'ble High Court and see that the WP No.20983 of 2023 is closed, as the orders of Honble High Court are complied."

8. Learned counsel appearing on behalf of the petitioner submits that in pursuance to the orders obtained in favour of the t; I t t t I { I 7 sN,J W.P.No.20963 of zo23 petitioners datecl 17.08.2023, 04.08.2023, 22'09'2023 ( referred to and extracted above), proceedings dated 26'09'2023 had been issued by the 1st resPondent.

9. Learned counsel appearing on behalf of-the respondents upon instructions submits that vide proceedings dated 26.09.2023, on humanitarian grounds respondent No'1 had released an amount of Rs.6,02,00 ,OOO/- for payment of pensions to non provincialized pensioners/staff of Panchayat Raj and therefore, it is now respondent Nos.3,4 and 5 who have to consider the request of the petitioners for release of the petitioners' pension and arrears of pension including benefits with interest from Nov, 2019 to as on date to petitioner No'1 and from September 2020 to as on date to petitioner Nos'2 to 7'

10. Learned counsel appearing on behalf of the petitioners contends that respondent Nos.3, 4 and 5 may be directed to take a decision in accordance to law in respect of release of pensions immediately to the petitioners on humanitarian grounds who are non-provincializedpensioners,theWorklnspectorsretiredinthe Panchayat Division in the Warangal District' I / 8 SN,J W.P.No.20983 of 2023

11. Learned Counsel appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioners.

12. Takinq into consideration: a. The aforesaid facts and circumstances of the case, b. The submissions made by the learned counse! appearing on behalf of the petitioners and the learned counsel appearing on behalf of the respondents, c. The interim orders granted in favour of the petitioners dated O4.O8.2O23, 17.O8.2O23,

22.09.2023 ( referred to and extracted above), d. The proceedings issued by the respondent No.1 dated 26.09.2023 vide memo No.PRRD- MZAD/3/AO/2O23 by the respondent No.1 herein indicating that the Government has reteased an amount of Rs.6,O2,OO,OOO/- on humanitarian grounds for the payment of pension for non provincialized pensioners and staff of Panchayat Raj Department, f t i I' 9 sN,f tv.P.No.2O9a3 of 2()23 tn" learned counsel rhe submls;;;;ffir e) appearing on behalf of the respondents that in view of the proceedings dated 26'09'2023 issued by respondent No.1, and the fact as borne on record that an amount of Rs.5,O2,OO,OOOl- ior payment of pension to the non-provincialized pensioners of the Panchayat Rai Department' Now, it is for the respondent Nos.3, 4 and s-Panchayat bodies to take responsibility for payment of pension to the non- provincialized pensioners since they are the ComPetent Authorities, f) The contents of the representation of the petitioners dated O1.O4.2023' The writ petition is disposed of directing respondent Nos.3, 4 and 5 to consider the request of the petitioners for release of pension and also pension arrears to the pensioners since the year 2019 duly considering petitioners' representation dated OL'O4'2O23 pertaining to release of pension and also the arrears of pension including benefits with interest from the month of November, 2019 to ti!! date to the petitioner No'1 and I I 10 SN,J W,P.No.20983 of 2023 from September, 2O2O to till date to petitioner Nos'2 to 7 within a period of three(3) weeks from the date of receipt of a copy of this order in accordance to Law and pass appropriate orders on the representation of the petitioners. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petit on shall also stand closed. SD/. V.KA,ITHA //rRUE copy// ,.J=::,JN:J::: und Rurar Deveropment Department, J ro, I iie-rt""#t3-l;,L,1?'X?l3i,b:? J. tne untet txecutive ( 4. The Chief Executive i 5. The Chief Executive i 6. One CC to SMT B.SH 7. One CC to SRt R.CHr 8. Two CCs to cp FOR l State of Telanoana at 9. Two CD Copiei BSR \ 'id F, t. I T '1, I HIGH COURT DATED:2410312025 CC TODAY il,+ :z-l ) 1 7 [PF. totu '( I .i,l ORDER WP.No.20983 of 2023 l, ,,..-....- .,1 ....t .z' ;, .../, DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \)--- l i i ',: *&ixila*:g;,