THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34253 of 2014
Dated : 05.12.2014
Between:
Diddi Amruth Rao S/o.Laxmaiah, Aged 84 yrs, Occu : Agriculture, R/o.Huzurabad Village and Mandal, Karimnagar District .. Petitioner And Union of India, Accountant General (A&E), A.P. Saifabad, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34253 of 2014
ORDER :
The petitioner was one of the persons who participated in liberation of Hyderabad and in recognition of the services rendered by the petitioner for liberation of Hyderabad, the State Government granted pension to him with effect from 01.10.1980. Such pensions were granted to several persons. However payment of pension amount was stopped on the ground that there were certain false claims made by some individuals.
2. Subsequently, after review of the claims of the individuals, pension of the petitioner was restored vide orders in G.O.Ms.No.796 Revenue (FF.II) Department dated 29.06.2006. Thereafter the respondents 2 and 3 issued Pension Payment Order No.03-POL-FF-000443 and amount was also deposited for some time and thereafter it was stopped. No reasons are assigned for not disbursing the pension. Aggrieved thereby this writ petition is instituted.
3. Learned Government Pleader produced written instructions furnished by the Deputy Director, District Treasury, Karimnagar. According to the said instructions, the petitioner has not submitted the live certificate since the year 2007. As per SR 77-A of the A.P. Treasury Code every pensioner is required to submit certificate that he is alive. Since the statutory requirement is not complied by the petitioner, the pension was not paid.
4. Having realized that there was a mistake on the part of the petitioner, learned counsel for the petitioner submits that the petitioner shall obtain the certificate that he is alive and shall submit an application to the Sub- Treasury Office, Huzurabad, Karimnagar District (3rd respondent) enclosing live certificate issued by the competent authority, marking a copy to the District Treasury Office, at Karimnagar, as and when such certificate is issued.
5. Having regard to the said submission, this writ petition is disposed of directing the petitioner to submit application to the 2nd & 3rd respondents enclosing live certificate issued by the competent authority. As and when such application is submitted, the 2nd & 3rd respondents, after due verification of the bonafides of the claimant, shall release the pension including arrears payable to the petitioner. Such exercise shall be completed within a period of eight weeks from the date of submission of the application by the petitioner. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 05th December, 2014
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