IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 16552 of 2004 Between: D.Seshagiri Rao, s/o late Janakiramaiah, residing at Nallakunta, Hyderabad. ..... PETITIONER AND 1. The District Co.operative Officer, Guntur. 2. The Accountant General (A & E) Andhra Pradesh, Hyderabad. 3. The Asst.Pension Payment Officer, Government of Andhra Pradesh, Sithaphalmandi, Tarnaka, Secunderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction especially one in the nature of Writ of Mandamus directing the respondents to release the arrears of pension from the period from 1-1-2001 to 28-2- 2003 by giving effect to the proceedings of the Accountant General (A&E), A.P. Hyderabad in Ref.No.PM2/I/Arrear Claim/2003-2004/785 dated -03-04 with exemplary costs and interest at commercial rates for belated payment. Counsel for the Petitioner: MR.Y.VENKAT SASTRY Counsel for the Respondent No.1: GP FOR COOPERATION For the Respondents No.2 & 3: Standing Counsel for Respondents 2 and 3 The Court made the following: THE HON’BLE SRI JUSTICE DR. G. YETHIRAJULU, WRIT PETITION NO.16552 OF 2004 O R D E R: The petitioner is a retired Sub. Registrar. He retired on 30.06.2000 after attaining the age of superannuation. His pension was also fixed. He received the retirement benefits and is drawing pension regularly. The pension amount is being credited to his Savings Bank account vide Account No.SB/01/00022170 in Andhra Bank, Vidyanagar Branch, Hyderabad. The petitioner went abroad to see his daughter with instructions to his family members to furnish particulars that he is alive to the Pension Payment Office, so that the pension could be continued to be credited to his savings bank account. On return to India, the petitioner noticed that the pension was not credited to his account from January, 2001. The petitioner visited the offices of the second and third respondents to ascertain the reasons for stopping payment of his pension. The petitioner issued a legal notice on 27.04.2003. On coming to know that the pension was with held for non-filing of life certificate, the petitioner submitted the same through bank on 19.02.2003. He was asked to appear in person before the third respondent. A reference was also sent to the Superintendent of Police, Rangareddy District for asking his whereabouts from 01.01.2001 to 19.02.2003. The respondents satisfied themselves that he was alive and there is sufficient proof to be away from Hyderabad. In reply to the legal notice, the petitioner was informed that the arrears statement for the period from 01.01.2001 to 28.02.2003 will be prepared and sent to the second respondent for authorization and it will be paid after receipt of the authorization from the second respondent. The second respondent issued an authorization vide his letter No.PM2/I/Arrear claim/2003-2004/785, of March 2004 regarding the admissible amount towards arrears of the pension. 2. The grievance of the petitioner is that even after the authorization given by the second respondent, the first respondent did not take any steps for release of the amount. Therefore, the petitioner approached this court seeking a direction to the respondents to release the arrears of pension from 1.1.2001 to 28.2.2003 by giving effect to the proceedings of the second respondent. 3. In the light of the circumstances explained by the petitioner, the first respondent is directed to look into the matter and pass appropriate orders for release of the arrears of pension from 1.1.2001 to 28.2.2003 within four weeks from the date of receipt of a copy of this order. If there is any objection to be answered by the petitioner, the first respondent may issue a notice to the petitioner to comply such objections and the first respondent shall take necessary steps for release of the amount of the petitioner as mentioned above. The writ petition is disposed of accordingly. _________________ (DR.G. YETHIRAJULU, 15th September, 2004 Ksn ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The District Co.operative Officer, Guntur. 2. The Accountant General (A & E) Andhra Pradesh, Hyderabad. 3. The Asst.Pension Payment Officer, Government of Andhra Pradesh, Sithaphalmandi, Tarnaka, Secunderabad. 4. Two CCs to G.P. for Cooperation, High Court Buildings, Hyderabad (O.U.T.) 5.Two C.D. copies