H.NAGABHUSHANA RAO Vs. UNDER SECRETARY

JUDGEMENT

(1.) The petitioner, a centenarian, now 102 years, is knocking at the doors of this Court seeking a direction by issuance of a writ in the nature of mandamus directing the 1st respondent to pay the petitioner Rs.3,71,280.00 along with interest being the arrears of petitioner's Central Gaurava Dhana to be jointly and severally paid by the respondents within a time frame.

(2.) Facts adumbrated are as follows:-

(3.) On 1/11/2017 the pension of the petitioner was abruptly stopped. When enquired about the reason for such stoppage, it was indicated to the petitioner that he had not submitted his Life Certificate for the year 2017-2018 and later he submitted the Life Certificate on 24/12/2018. The Government issued sanction letter belatedly releasing pension for the period from 24/12/2018 to 05- 10-2020. However, the arrears of pension between 1/11/2017 to 24/12/2018 were not paid, which amounted to Rs.3,71,280.00. When the amount was not received, the petitioner knocked at the doors of this Court in Writ Petition No.7813 of 2020 seeking a writ of mandamus to the respondents for release of arrears of pension and this Court by its order dtd. 24/6/2020 directed the respondents to take appropriate action within two weeks. When nothing came about, the petitioner moved this Court in C.C.C.No.449 of 2020, pursuant to which, the 1st respondent issued a sanction letter dtd. 5/10/2020. However, pension for the period from 1/11/2017 to 24/12/2018 was not released on the specious plea that the petitioner had not submitted Life Certificate. Again the petitioner knocked at the doors of this court in Writ Petition No.22468 of 2021 for release of pension for the aforesaid period. This Court in terms of its order dtd. 10/6/2022 considering the purport of guidelines for grant of such pension allowed the petition in part and directed the 4th respondent therein, Government of India to take appropriate decision in terms of the Scheme for disbursement of pension after assessing entitlement of the petitioner. Pursuant to the order passed by this Court and claiming to be considering the grievance of the petitioner, a communication comes to be issued on 13-09- 2022 directing that the petitioner is not entitled to the arrears for the solitary reason that the petitioner did not submit a Life Certificate in November, 2017. It is this communication dated 13- 09-2022 that leads the petitioner to this court in the subject petition.