High Court · 2025

Dr. K.R. Srinivasan, s/o. Late sri K Ramact;;" Occupation Private Employee R/o B-318 Jana Telangana- 50001 0 Estates' Kowkoor' secunderaOad ' ^ -, rz pamacharlu Aged about. 47 years' ;;;," Road, Venkusa ...PETITIONER AND 2 1 The state of Telangana, through principal secretary Medical Health and Family Welfare o"p"t'"nt f'uul'ig omce at T S Secretariat Hyderabad The District Collector' Hyderabad 6-2-10' Lakdikapul' Hyderabad Telangana - 500004 n^-^'+aant f6r Fmoowerment of Persons with Disabilities, Senior Citizens and Trasngender Persons Nalgonda X Roads' MalakPet, HYderabad - 36'

3. The Director/Commissioner' Department for Empot ...RESPONDENTS PetitionunderA(icle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewitn' the High Court mav be pleased to Writ Petition filed under Article 226 of the Constitution of lndia praying to issue a writ of fi/randamus decraring the action of the respondents in consideringthepetitionersrepresentationdaled25lOgl2O24toappointpetitioner as the legal guardian to his sister who is 75% mentally disabled and who possess certificate from Rajeev Ghandhi lnstitute Of Medical Sciences Of Kadapa District as disabled, in order to apply her fathers pension which was already declared AS Dependent by the father of the petitioner while he was alive i'e Principal controiler of Derence Account (Pension) within the MiniStry Of Defence, tSSUed tO the Writ petit jc r t-. with Autisrr, ( )r rr, 1999 and pass or 65 may be fixec lry under Section j 4 of the N rrar parsy, tttentat neta.jational .;rs in a manner nno*n ,o his court 'l_t'on law within Trust 1o: n,'6ff61g of persons and Mu ltrple Disabilities Act, 'a r-"r,sc nable time-frame Counsel for the F,e itione,r: Ms. M. MADHAVT LATHA Counset for the Fle ;pondent No.1 : Gp FOR MEDICAL HEALTH counser for the Re: pondr AND FAMILYwElF-ARi" ent No.2: AGp FOR REVENUE Counsel for the Rr:s rondent No.3: Gp FOR DISABILITIES, The Court made the r rllowing: ORDER SEAIICIR CITIZENS -/\ HON,BLE SRI JUSTICE C'V' BHASNAR REDDY No.2789 of 2025 TIoN T o is filed seeking to direct' the respondents This writ Petitlon dated 25'09 '2024 lo er's representation to consider the petitlon e legal guardian to his sister who is 75% as th appoint Petitioner certihcate from Rajeev mentally disabled and who Possess Ghandhi lnstitute of Medical Sciences of Kadapa District' as disabled, in order to appiy her fathers Pension which was alreadY declared as dePendent by the father of the petitioner rincipal Controller of Defence Account while he was aliv (Pension) within the Ministry of Defence' issued to the petitioner under Section 14 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy' Mental Retardation and Multiple Disabilities Act, 1999 (for short' 'the ActJ and for other appropriate reliefs. e i.e., P

2. Considered the submissions of learned counsel for the respective parties and with their consent, this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner has made a representation dated, 25.09.2O24 to respondent No.2 for sanction of pension of his father, who retired as Principal Controller of Defence Account rL. (Pension) within-the Ministry of Defence. It is also stated that 2 during r sister by obtainc.ri Sciences petitionr::- suffering f an applicr Thereforc, Ie ife time of his fathr ",_rriri:#j as a ]esal guardran for his rr: tr.re K. Geetha vani, w mentaly dis: br,:a, he has '" a c .r.rificate from the o"r,n" Institu.e >rMedicar .r r{adapa District.,,',:",:::.tt i! ,r1e sn,, person ," ,;: .:::1,,,:T],.:t::.':: -or jriental disability as "'"*"'guardian ard to make r1r< r for receiving o, the pension oI lris father. ;i. r'rg the said facts, the petitioner hers s11hni11s6 a represcntat c,r.t riated 25.Og.2024 to respondent t\os.2 seeking t. ;tr,y' ' nt him as legar guardian so as to en,il)re him to rccei'e tlLr-. ,,.r . ion of his deceased father under thc 1,1-6 7i516r_r" of the Act, Irrr r lar the same has not been considere<I. and 3 4, LearneC Health has ,srb; \ t;sistant Government pleader for I4r:rli:al & itted that the petitioner is residing ir {o,r,koor Village, Secun, Jr ',rl:ad, which would fali within the junsd,ction of Medchal-Mall. r jiri Collector and therefore, the petit one'' has to make n(t lc s li :i' application under the provision s o - ,rtc Act, on the filc o:' t 't I)istrict Collector, Medchai-Malkajgir )is,tlicl, for appointi:r g ri r as legal guardian to receive the pensicn of his father.

5. In vit:',r o lhe above submissions, this Court ''vi'-hout rinion with regard to the right and el1t lti( nlent expresslng artl I 3 CVBR, J rtrp]789_2025 of the petitioner either for appointment of the legal guardian or for receiving of pension of his late father, deems it appropriate to dispose of the Writ Petition permitting the petitioner to make appropriate application on the file of the 'District collector' Medchal-Malkajgiri District and in the event- of making such application, the District Collector, Medchal-Maikajgiri District is directed to conduct enquiry and if the petitioner is otherwise eligible and fulhls all the requirements of the Act, consider the case of ihe petitioner strictly in accordance with the provisions of the Act and pass a reasoned order and communicate the same to the petitioner within a period of two (02) weeks from the date of making suclr aPPlication. 6 With the above observations, the Writ Petition is disposed of. There shall be no order as to costs As a sequel, the miscellaneous petitions pending' if any' shall stand closed //TRUE COPY// o.'SJ;liht^383'''"'ffi sECTloN OFFlrc.ER /'/ elfare DePartment To, 1 The PrinciP al Secretary Medical Health and Fa having office at T. S. Secr Hvd etariat erabad 6-2' , Hyd erabad 10, Lakdikapul, HYderabad Telangana - 500004

2. The District Collector' 3 The Director/Commis sioner, De Ms partm ent for EmP owerment of Persons with Senior Citizens and Trasn gender Perso ns Nalgon da X Roads' f?t*YlJ *=ttARE,High tate of Telangana' at rt for the S Disabilities' erabad MalakPet, H ILATHA, Advocate .M.MADHAV One CC to TH AND Two CCs to GP FOR MEDICAL HEAL Court.for the State of Telanga na at HYd erabad - 36,

4. 5. BILITIES , SENIOR CITIZENS' High Court for the GP FOR REVEN UE High Cou 6 Two CCs to ouTl Hvd erabad I GPFORDISA CCs to State of Telangana, at HYdera bad [oUTl \s- B. Two CD CoPies

7. Two :. .:: t j I i.f I HIGH COUF T DATED:31 l01t2O2S 1(ine '''^14: ,} o (-1 i' 'l '4 AY 2025 "S 5 ,< \ t \- ),'i;; 6 15t-l 6C t ORDER WP.No.278t) rf 2O2S DISPOSING ( )F THE WRIT PETITION WITHOUT CCISTS (+ 2A 5 'r i'