Back
2023 Supreme(AP) 472
ANDHRA PRADESH HIGH COURT AT AMARAVATI
R. Raghunandan Rao, J.
Londe Radha – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 1804 of 2023
Decided On : 13-02-2023
Kolluri Arjun Chowdary, Advocate, Harish Kumar Rasineni, Advocate, Venkata Reddy Gajjala, Advocate
Cessation of entitlement to pension without notice or opportunity of hearing is unjustified and must be based on proper enquiry and evidence.
Headnote:
Single Woman Pension - Petitioner's Entitlement to Single Woman Pension - The court allowed the writ petition, directing the respondents to clear the arrears of single woman pension payable to the petitioner and continue to pay the monthly pension to the petitioner on par with other beneficiaries.
Fact of the Case:
The petitioner's single woman pension was stopped without notice or opportunity of hearing, as her ration card showed she was residing with her husband. Subsequent enquiry found that the petitioner had separated from her husband and was staying alone.
Finding of the Court:
The court allowed the writ petition, directing the respondents to clear the arrears of single woman pension payable to the petitioner and continue to pay the monthly pension to the petitioner on par with other beneficiaries.
Issues: Entitlement to single woman pension, cessation of pension without notice or opportunity of hearing.
Ratio Decidendi: The cessation of the petitioner's single woman pension without notice or opportunity of hearing was found to be unjustified, as subsequent enquiry revealed that the petitioner was entitled to the pension.
Final Decision: The court directed the respondents to clear the arrears of single woman pension payable to the petitioner and continue to pay the monthly pension to the petitioner on par with other beneficiaries.
JUDGMENT
R. Raghunandan Rao, J. - The petitioner, who was earlier granted single woman pension, has approached this Court on the ground that the said pension was stopped from July, 2022 onwards without any notice or opportunity of hearing being given to the petitioner.
2. Sri Harish Kumar Rasineni, learned Standing Counsel appearing for the 4th respondent, would submit that the petitioner was allotted pension vide I.D.No.108646494 for payment of single woman pension. This pension was stopped as the ration card produced by the petitioner had showed that she was residing with her husband.
Subsequently, in the enquiry conducted by the 5th respondent, it was found that the petitioner had separated from her husband and was staying alone. On the basis of this enquiry, the 5th respondent has now issued proceedings dated 02.02.2023 to pay the single woman pension to the petitioner from the date on which it was stopped.
3. In view of the above submissions, this writ petition is allowed directing the respondents to clear the arrears of single woman pension payable to the petitioner within a period of eight weeks from today. The respondent shall also continue to pay the monthly pension to the petitioner on par with the other beneficiaries. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
