THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.8561 of 2002 Date of Order:17.02.2011 Between: M.V.K.Gunda Rao ..Petitioner and State of Andhra Pradesh, rep. By its Secretary to Government, Finance and Planning Department, Secretariat and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.8561 of 2002 ORDER :- This writ petition is filed questioning the proceedings issued by respondent No.3-the Sub-Treasury Officer, Narsaraopet, Guntur District stating that an excess amount of Rs.1,35,504/- was paid to the pension account of the petitioner bearing P.P.O.No.42/LR and calling upon the petitioner to pay the amount through challan at the earliest. The grievance of the petitioner is that he is the lineal descendant of Malrazu family, erstwhile Zamindars of Narsaraopet. The British Government resumed grant of Narsaraopet Village from the Zamindars and issued pension, which is in fact an allowance in perpetuity in lieu of property given up to the Government. Thereafter, the Revenue Department, Government of Madras issued order No.1202, dated 20.09.1980, recommending continuance of pension of late Malrazu Venkata Kondal Rao to his son Malrazu Venkata Narasimha Rao fixing the amount at Rs.800/- per month. After independence G.O.Ms.No.2961, Revenue, dated 13.12.1948, was issued stating inter alia that the allowance of Rs.800/- per month which was continued in G.O.Ms.No.1202, Revenue, dated 20.09.1980, in the name of Sri Malrazu Venkata Narasimha Rao be continued in the name of his son Malrazu Rama Krishna Kondal Rao Bahadur from 05.11.1948 i.e., the date of his father’s death. Since the date of his father’s death, the male descendants are being paid pension. While so, the State Government through G.O.Ms.No.75, dated 07.03.1990, decided to enhance the minimum pension in respect of Jagir and Estate Pensioners, which was enumerated in clause (b) of the said G.O. and accordingly, the Pension of the petitioner was enhanced to Rs.1,376/- per month. Subsequently, the State Government through G.O.Ms.No.239, Finance and Planning (FW.PEN.I) Department, dated 04.06.1993, sanctioned consolidated pension to the petitioners who retired prior to 01.01.1993, in which the pension payable to the Jagirs and Estate Pensioners were also enumerated at para 3.3(b). The pension of the petitioner was further enhanced to Rs.2,519/- per month. The petitioner continued to receive pension at Rs.2,519/- upto February, 1998. Thereafter the pension was stopped followed by the impugned order for payment of the excess pension drawn by the petitioner. The respondents have not filed any counter so far opposing the claim of the petitioner. The impugned order does not disclose about issuance of any notice to the petitioner for recovery of the excess amount drawn and how the petitioner is not entitled to the pension at the rate he is entitled to draw the pension. In view of the same, the impugned order passed by the respondents can be treated as a show cause notice, to which the petitioner is permitted to submit a detailed explanation about his entitlement to draw the pension at a specified rate in view of the various G.Os. issued by the State Government. On filing the explanation within four weeks from the date of receipt of a copy of this order, respondent No.3 after providing an opportunity to the petitioner shall pass a speaking order. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. _________________ A. GOPAL REDDY, J February 17, 2011 Lmv