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2022 DIGILAW 491 (AP)

Rajula Sahu v. Gopala Krishan Dwivedi

2022-05-04

BATTU DEVANAND

body2022
JUDGMENT Battu Devanand, J. - This contempt case has been filed against the Respondents for willful disobedience in implementing the order, dated 08.09.2020, in W.P.No.21104 of 2019, passed by this Court. 2. The case of the petitioners is that they filed W.P.No.21104 of 2019 to declare the action of the respondents in discontinuing pensions to the petitioners, as illegal, arbitrary and against rules governing distribution of pensions and discriminatory and direct all the respondents to distribute arrears of pension to the petitioner from September, 2019 to December, 2019 and continue to pay the pension to them thereafter. 3. This Court by order, dated 08.09.2020, allowed the writ petition with the following directions: (1) The respondents are directed to make payment of pension to the petitioners from the month when it was stopped to till date within a period of 15 days; (2) The respondents are directed to continue the payment of pension every month to the petitioners till the appropriate orders to be passed by the competent authority after conducting appropriate enquiry, in accordance with law, if so advised, to ascertain the eligibility of the petitioners in Gram Sabha after giving opportunity to the petitioners. 4. The Respondent Nos.1 to 4 filed their counter-affidavits. The petitioners filed reply affidavits. 5. Heard learned counsel for the petitioners and the learned counsels appearing for the respective Respondents. 6. The 1st respondent in his counter submits that as per the instructions issued vide Memo No.01/SERP/ YSRPK/2020, dated 10.09.2020, issued by the Chief Executive Officer, SERP, aP, Vijayawada, on 12.09.2020 the MPDO, Ichapuram issued notices to the petitioners duly informing that a Grama Sabha is being conducted on 15.09.2020, and for which they are requested to attend the Grama Sabha. Personal notices were issued to 175 petitioners of which, 101 petitioners refused. 7. The 1st respondent further submits that on 15.09.2020 the MPDO and Tahsildar of Ichapuram, conducted Grama Sabha for which from out of 175 writ petitioners and only one petitioner has attended the enquiry and a list of ineligible petitioners was displayed in the notice board of the Gram Panchayat Office. He further submits that on 22.09.2020 according to the enquiry report of the MPDO, Ichapuram, 03 eligible widow pensions were sanctioned and disbursed amount through demand drafts towards arrears vide Rc.No.33/2015/YSRP/SKLM, dated 22.09.2020 and continuing their pensions. 8. He further submits that on 22.09.2020 according to the enquiry report of the MPDO, Ichapuram, 03 eligible widow pensions were sanctioned and disbursed amount through demand drafts towards arrears vide Rc.No.33/2015/YSRP/SKLM, dated 22.09.2020 and continuing their pensions. 8. In the meanwhile, W.a.No.103 of 2021 was preferred aggrieved by the order, dated 08.09.2020 passed in W.P.No.21104 of 2019. The said writ appeal was disposed of by order, dated 26.02.2021 by observing that; 'Opinion that no interference is called for with the order under challenge. However, we modify the order to the extent that payment of pension to the writ petitioners from the month when it was stopped till date shall be made within a period of 45 days from today. Save and except the aforesaid, other observations and directions of the learned Single Judge shall continue to hold the field.' 9. The 1st respondent further submits that as per the instructions issued by the Government vide Memo No.1271828/RD.I/2021-5, dated 09.03.2021, the Chief Executive Officer, SERP, aP, Vijayawada issued proceedings, dated 06.04.2021 by releasing an amount of Rs.55,48,500/- to the Project Direction, DRDa, Srikakulam, with a direction to implement the aforesaid order. In turn, the Projection Director, DRDa, Srikakulam, vide Lr.No.1/2020YSRPK, dated 12.04.2021 has informed that the arrears of pension amount in respect of 140 pensioners were distributed on 09.04.2021 by way of cash and remaining 21 pensioners are not available at that time. Hence, the arrears amount was paid through demand draft on 12.04.2021 and as such, complied the orders of this Court. 10. The 2nd Respondent in his counter submits that on 08.06.2018 the Government of andhra Pradesh have issued orders for grant of pensions to the single women under NTR Bharosa scheme wherein certain guidelines have been issued for identification of single women vide GO Ms.No.70 PR&RD (RD.I) Dept., dated 08.06.2018. 11. The 2nd Respondent further submits that on the complaint lodged by the then MLa, Ichapuram assembly Constituency, the District Collector, has issued marginal instructions to the PD, DRDa, Srikamulam to enquire into the matter and submit report with regard to sanction of pensions to the eligible persons only. On 23.09.2019 instructions have been given to the MPDO, Ichapuram vide Rc.No.05/2017/NTRB, dated 23.09.2019 to conduct an enquiry in accordance with G.O.Ms.No.70, dated 08.06.2018 and to submit report. On 23.09.2019 instructions have been given to the MPDO, Ichapuram vide Rc.No.05/2017/NTRB, dated 23.09.2019 to conduct an enquiry in accordance with G.O.Ms.No.70, dated 08.06.2018 and to submit report. On 26.09.2019, the MPDO, Ichapuram in turn submitted the list of ineligible pensioners in Ichapuram Mandal to the PD, DRDa, Srikakulam vide Rc.No.53/2019/B, dated 26.09.2019. The 2nd Respondent further submits that on 28.09.2019, the Project Director, DRDa, Srikakulam addressed a letter vide Rc.No.05/2017/YSRPK, to the Chief Executive Officer, SERP, a.P., Vijayawada, requesting to delete the ineligible pensioners. On 08.09.2020 his office received orders in W.P.No.21104 of 2019. 12. The 2nd respondent further submits that he is not directly concerned with the enquiry, sanction and disbursement of pensions. The eligibility, enquiry, sanction and disbursement of the pensions is guided by G.O.Ms.No.135 of Panchayat Raj Department, dated 19.06.2014 and G.O.Ms.No.70 of the Panchayat Raj and Rural Development Department, dated 08.06.2018. He had made sincere and all the possible efforts for the implementation of the order. But, there might have been caused certain delay due to administrative reasons and COVID pandemic. 13. The 3rd respondent filed Counter affidavit contending that on 10.09.2020, the Chief Executive Officer, SERP, aP, Vijayawada, vide Memo No.01/SERP/YSRPK/2020, dated 10.09.2020, directed the P.D., D.R.D.a., to issue instructions to the M.P.D.O and the Tahsildar, Ichapuram Mandal, with a direction to conduct enquiry by issuing prior notice and prepare draft eligible/ineligible list and thereafter issue proceedings to the ineligible petitioners. On 12.09.2020 Notices dated 12.09.2020 were issued to the petitioners by the M.P.D.O., Itchapuram, duly informing that a Grama Sabha is being conducted on 15.09.2020. accordingly, on 15.09.2020, the M.P.D.O., and the M.R.O., conducted Grama Sabha and displayed a list of ineligible petitioners in the Notice Board of the Gram Panchayat Office. On 19.09.2020, the Enquiry Report given by the M.P.D.O., Ichapuram, has been conveyed to the C.E.O., SERP, aP, Vijayawada, vide Letter RC.No.01/2020, YSR Pension, dated 19.09.2020. after receipt of the Report of M.P.D.O., three eligible widow pensions were sanctioned. 14. The M.P.D.O., Ichapuram, has provided the documents, which substantiate that the petitioners are not eligible for grant of pension. On 24.09.2020, the Project Director, D.R.D.a., Srikakulam, vide Rc.No.534/ YSRPK/2020, dt.24.09.2020, instructed M.P.D.O., Ichapuram, to initiate and follow up the further action as per the instruction of the Standing Counsel of SERP and report compliance.On 11.01.2021, the Tahsildar, Ichapuram, vide Rc.No.157/2020, dated 11.01.2021, issued cancellation proceedings to 162 ineligible petitioners. On 24.09.2020, the Project Director, D.R.D.a., Srikakulam, vide Rc.No.534/ YSRPK/2020, dt.24.09.2020, instructed M.P.D.O., Ichapuram, to initiate and follow up the further action as per the instruction of the Standing Counsel of SERP and report compliance.On 11.01.2021, the Tahsildar, Ichapuram, vide Rc.No.157/2020, dated 11.01.2021, issued cancellation proceedings to 162 ineligible petitioners. On 23.01.2021, the M.P.D.O., has issued individual Speaking Orders vide Proceedings vide Rc.No.77/2020/Sa/, dt.23.01.2021, informing the reasons for stoppage of their pensions. The persons, who are receiving pensions, have also been arrayed as petitioners in the Contempt Proceedings. 15. The 4th respondent filed Counter affidavit contending that pursuant to the directions of this Hon'ble Court, he has conducted Gramsabha on 15.09.2020 duly intimating to all the petitioners by giving individual notices. In the verification, they found that petitioner Nos. 148, 156 and 174 are found to be eligible. accordingly, they have released the pension amount to them from the date they became eligible for grant of pension. The other petitioners are not found to be eligible on the reasons that most of the petitioners' husbands are alive and some of the husbands are getting old age pensions and some of the petitioner are getting the army family pensions etc., The Tahsildar after conducting the enquiry submitted his enquiry report dated 11.01.2021 stating that the certificates which were given earlier were cancelled with regard to 162 petitioners, who are getting the pension, as if they are single women. Basing on the report of the Tahsildar, he has passed the speaking orders holding that they are not entitled for grant of pension. 16. Thereafter, pursuant to the directions of this Hon'ble Court, he has paid the entire arrears to 161 persons. The petitioner No.119, refused to receive the demand draft, which was sent by registered post, on the ground that her husband is working as a Government Teacher. Thereafter, 13 persons have been given the arrears on 18.06.2021. Therefore, the directions of this Hon'ble Court have been complied with and as such, the contempt case may be closed against him. 17. Reply affidavits have been filed by the petitioners on 14.06.2021 and 28.08.2021. 18. In the reply affidavits, it is submitted by the learned counsel for the petitioners that admittedly the Respondents complied with the order only in respect of 162 petitioners. Regarding petitioner Nos.148 & 156, it was complied with only in-part and no compensation is paid to 11 petitioners. Reply affidavits have been filed by the petitioners on 14.06.2021 and 28.08.2021. 18. In the reply affidavits, it is submitted by the learned counsel for the petitioners that admittedly the Respondents complied with the order only in respect of 162 petitioners. Regarding petitioner Nos.148 & 156, it was complied with only in-part and no compensation is paid to 11 petitioners. Total amount payable to 13 petitioners unconditionally as per the direction given in 1st para of operative portion of order is Rs.3,39,750/-. So, it is clear that Respondents did not even comply unconditional order in para No.1 of the operation portion of the order. 19. Learned counsel for the petitioners contends that as per the 2nd portion of the order, the Respondents shall continue to pay pension to the petitioners, till orders are passed by the competent officer after making proper enquiry by giving opportunity to the petitioners. No notice was given to any one of the petitioners. Not even a single copy of notice served on any one of them is filed along with counter-affidavit. It is not explained by 4th Respondent what was the verification done by him and Tahsildar, Ichapuram. Which records were verified and what are the reasons for deciding that some of them are not eligible for single women/widow pension. In the report filed, 4th respondent did not give any reason for the decision against the petitioners. 20. Learned counsel for the petitioners contends that the Tahsildar gave notice on 22.12.2020 to all the petitioners asking them to attend before him at his office on 08.01.2021 along with documents to support their claim that they are either single women or widow. In response to the said notices, on their behalf, their advocate got issued reply to Tahsildar, Ichapuram on 04.01.2021 requesting to send copies of documents, if any, to support his information that the petitioners are living with their respective husbands, as mentioned in his notice to enable the petitioners to give explanation and further requesting not to take any action based on the notices given to the petitioners, without furnishing the documents and till disposal of contempt case filed against the respondents in W.P.No.21104 of 2019. 21. Learned counsel for the petitioners further contends that thereafter nothing was heard from the Tahsildar, Ichapuram. 21. Learned counsel for the petitioners further contends that thereafter nothing was heard from the Tahsildar, Ichapuram. The report, dated 11.01.2021 said to have been given by him cancelling the certificates of some of the petitioners was not communicated to any one of them or to their advocate, who gave the reply on their behalf. The speaking order said to have been passed by 4th Respondent either communicated to the petitioners or filed along with the Counter affidavit. But, the proceedings of 4th Respondent in Rc.No.77/2020/Sa, dated 23.01.2021 was served on all of the petitioners. In response to the said proceedings, the advocate of the petitioners gave notices to 4th Respondent and Tahsildar, to furnish the reports mentioned in the said proceedings and some other information. Having received the said notices neither 4th respondent nor Tahsildar gave any reply. as such, the Respondents are bound to pay pension to the petitioners from January, 2021 also, but, they did not pay the pension from January, 2021 onwards. 22. Having considered the contentions of the respective counsels, with the consent of both parties, to resolve the issue permanently, this Court issued certain directions to the Respondents by order, dated 28.09.2021. 23. The 4th Respondent filed an affidavit on 26.10.2021 stating that as directed by this Court, he deputed Panchayat Secretary and Village Revenue Officer to give information to the petitioners and received the documents from them vide letter, dated 30.09.2021. Tom Tom was made on 01.10.2021. The applications and documents of the petitioners, who submitted the same, were scrutinized on 11.10.2021 and the eligible candidate names were recommended for restoration of pensions. On 14.10.2021 Grama Sabha was conducted. On 21.10.2021 notices were issued by Registered Post for the petitioners, who did not submit documents as per the directions of the Court. as such, it is contended that the directions of this Court are complied with. 24. Considering the entire material available on record, this Court satisfied that the Respondents have taken all steps to implement the order of the Court, dated 08.09.2020 in W.P.No.21104 of 2019 and the directions issued in this contempt case on 28.09.2021 with the consent of both side counsels. as such, in our considered opinion, there is no willful disobedience to implement the order of this Court by Respondents. 25. accordingly, this contempt case is closed. 26. There shall be no order as to costs. 27. as such, in our considered opinion, there is no willful disobedience to implement the order of this Court by Respondents. 25. accordingly, this contempt case is closed. 26. There shall be no order as to costs. 27. as a sequel, miscellaneous petitions pending, if any, shall stand closed.