HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No. 31160 OF 2023

ORDER:

Heard Sri Papaiah Peddakula, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I I I appearing on behalf of the respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…..to issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring the action of respondent No.3 for not considering the representation given by the petitioner family pension of his father upon his physically handicapped on 08-09-2023 even after pension proposal is passed by respondent no.5 through vide PPO No. PensionPay/Hyd/4281/SP/2014/FP-I/2022 on 14-10-2022 for is illegal, arbitrary and unconstitutional and also violation of the principles of natural justice consequently direct the respondent no. 3 to consider the petitioner representation on 08/09/2023 by granting family pension to the petitioner immediately and pass......”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner’s father was a retired government employee and was receiving pension until his death in 2019.

After the demise of the petitioner’s father, the mother of the petitioner received family pension. After demise of the petitioner’s mother in the year 2021, the petitioner, who is 62% physically handicapped and fully dependent on his parents, applied for family pension through his sister as guardian as per G.O.Ms.No.52 dated 20.02.1984 and G.O.Ms.No.240. Despite submitting all relevant documents, the respondents have failed to process the request of the petitioner for granting family pension. Aggrieved by the same, the petitioner preferred the present writ petition.

PERUSED THE RECORD:

A) The relevant portion of the counter affidavit filed on behalf of the respondent Nos.1 to 3 is extracted hereunder:

“In response, it is respectfully submitted that, the Petitioner has submitted Medical Certificate O.P. No.1764, Dt.04.04.2023 to the Respondent No.4 regarding Non-earning of livelihood by the Petitioner due to his disability issued by Dr. K. Kanthi Swaroop, M.N.Area Hospital, Malakpet, Hyderabad, Telangana. However, Dr. K. Kanthi Swaroop has withdrawn the Medical Certificate issued by him duly stating that, he has not Scrutinized the Sadarem Certificate No.16210880040000610 Dt.30.03.2015 of Sri. Narender Rao (Petitioner) due to heavy rush/heavy OP on Dt.04.04.2023 vide his Letter No.Nil, Dt. 18.04.2023. Later, another Medical Certificate submitted by the Petitioner issued by Dr. V. Shiva Prasad, Gandhi Medical College, Secunderabad, Telangana on 17.05.2023. But, vide Letter No.Nil, Dt.08.11.2023, Dr. V. Shiva Prasad, Civil Surgeon has stated that, he has issued Medical Certificate Dt.17.05.2023 on Non-earning of livelihood due to the Petitioner's disability without seeing the individual and as per the details mentioned in the Sadarem for person with disability ID No.16210880040000610, Dt.30.03.2015 issued by the Medical Board, District Hospital, Hyderabad, Telangana which certified that, the petitioner's disability Category Bilateral Lower Limb Impaired Post Polio Residual Paralysis (PPRP) Percentage of disability 62%. But, as per the said Sadarem Certificate, "the Petitioner can perform work by manipulating with fingers, can perform work by pulling and pushing, can perform work by kneeling and crouching, can perform work by bending, can perform work by sitting, can perform work by reading and writing and no negative remarks on vital organs".

In view of the withdrawl of two Medical Certificates on livelihood by the two Civil Surgeons as above (i.e., 1. Medical Certificate O.P. No.1764, Dt.04.04.2023 issued by Dr. K. Kanthi Swaroop, Civil Surgeon Specialist, M.N.Area Hospital, Malakpet, Hyderabad, Telangana & 2. Medical Certificate Dt. 17.05.2023 issued by Dr. V. Shiva Prasa