IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 25330 of 2007 Between: Letter Dated 17.11.2007 of the Presiding Judge, permanent and Continuous Lok Adalat for pension cases of Retired Govt.Employee, Hyderabad ..... PETITIONER AND 1 The Chief Secretary to the Govt of AP., Secretariat Hyderabad 2 The Director of School Education, Hyderabad 3 C.E.O., Zilla parishad, Mahabubnagar ,Mahabubnagar District 4 E.E.o., Zilla Parishad, Karimnagar, Karimnagar District 5 The Engineer in Chief (R&B), Hyderabad 6 The Director , Women Development and Child Welfare Hyderabad 7 The Commissioner , Cooperative and Registrar of Cooperative Societies, Hyderabad 8 Executive Engineer, AP State Irrigation Development Corporation Limited, Hyderabad 9 The Commissioner, Endowment Department, Tilak Road, Hyderabad 10 The Commissioner of Social Welfare, Hyderabad 11 The Director of Health, Hyderabad 12 The Director Intermediate Education, Hyderabad 13 Govt of AP., rep by its Principal Secretary, School Education Department, Secretariat, Hyderabad 14 The Govt of AP., rep.by its Principal Secretary, Panchayat, Raj and Rural Development Department, Secretariat, Hyderabad. 15 The Govt of AP., rep.by its Principal Secretary, Transport Roads & Buildings Department, Secretariat , Hyderabad 16 The Govt of AP., rep. by its Principal Secretary, Women Development, Child Welfare And Disabled Welfare Department, Secretariat, Hyderabad 17 Govt of AP., rep.by its Principal Secretary, Agricultural and Cooperation Department, Secretariat, Hyderabad 18 The Govt of AP., rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad 19 The Govt of AP., rep.by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad 20 The Govt of AP., rep.by its principal Secretary, Health Medical and Family Welfare Department, Secretariat, Hyderabad 21 The Govt of AP., rep.by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad 22 The Govt of AP., rep.by its Principal Secretary, Municipal Administration and Urban Development Authority Department, Secretariat, Hyderabad 23 The Member Secretary, AP State legal Services Authority City Civil Court Buildings, Hyderabad .....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 order direction or a writ more particularly one in the nature of writ of mandamus calling for the remarks and records from the respondents herein and connected to (I) abnormal delays in the settlement of pension and pensionary benefits and of the allied claims of the pensioners received in the permanent and Continous Lok Adlaabt for pension cases of Retired Govt Employee Hyderabad on account of in action on the part of the heads of Departments and secretaries of the Government in not responding to the Letters to them by the petitioners (ii) action of the respondents on the letters reminders and D.O.Letters addressd by the Lok Adalat is particular in regard to the matters detailed in the Annexures appendix thereto the letter And It is therefore prayed this Hon`ble court to issue necessary directions to the respondents herein to respond to the petitioners as an when necessary for speedy disposal of matters pending before it i.e. the permanent and continuous Lok Adalat pension cases or Retired Govt Employees Hyderabad and to pass Counsel for the Petitioner: PETITION Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.25330 of 2007 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) The Presiding Judge of Permanent and Continuous Lok Adalat for pension cases of Retired Government Employees, Hyderabad, addressed a Demi-official letter, dated 17.11.2007, to the Hon’ble the Chief Justice, Chief Patron, A.P.State Legal Services Authority, Hyderabad and the same is taken up as writ petition. As seen from the averments in the said letter, it is to be noted that certain claims have been made by the pensioners before the Lok Adalat and in pursuance of the claims made by the pensioners, when reminders and Demi- Official letters were addressed to the concerned Heads of the Departments and the Secretaries of the Government, they are not responding, and as such, the learned Presiding Judge sought to give necessary instructions to the persons concerned for speedy disposal of the matters before the Lok Adalat. A detailed counter-affidavit has been filed on behalf of respondents 7 and 17 stating that in respect of certain persons, disciplinary proceedings are pending, as such, the pensionary benefits will depend upon the out come of the disciplinary proceedings. The purpose of constituting a permanent Lok Adalat is to settle the claims of payment of pension and pensionary benefits and to give other allied claims to the pensioners. As seen from the record, it is clear that the pension relating to certain persons have not been settled in the normal course due to pendency of disciplinary proceedings against them. A perusal of the annexure filed along with the letter sent by the learned Presiding Judge, makes it clear that there was no proper response from the Departmental Heads and Secretaries to the Government concerned with regard to disposal of the cases. It is needless to observe that the whole purpose of constituting the forum is to settle the claims of payment of pension and pensionary benefits to the persons concerned. Unless and until, the competent officer from the department concerned comes to the forum, the settlement cannot be arrived at. As per law, both the parties have to be present before the forum for the purpose of deciding the issue and to pass an award. In the facts and circumstances, it is to be observed that the Chief Secretary, Government of Andhra Pradesh, Hyderabad, shall give suitable instructions to all the persons concerned, particularly with reference to the long pending cases before the forum and settle those matters before the Lok Adalat in accordance with law. With the above observations, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 09.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Secretary to the Govt of AP., Secretariat Hyderabad 2 The Director of School Education, Hyderabad 3 C.E.O., Zilla parishad, Mahabubnagar ,Mahabubnagar District 4 E.E.o., Zilla Parishad, Karimnagar, Karimnagar District 5 The Engineer in Chief (R&B), Hyderabad 6 The Director , Women Development and Child Welfare Hyderabad 7 The Commissioner , Cooperative and Registrar of Cooperative Societies, Hyderabad 8 Executive Engineer, AP State Irrigation Development Corporation Limited, Hyderabad 9 The Commissioner, Endowment Department, Tilak Road, Hyderabad 10 The Commissioner of Social Welfare, Hyderabad 11 The Director of Health, Hyderabad 12 The Director Intermediate Education, Hyderabad 13 The Principal Secretary, Govt of AP., School Education Department, Secretariat, Hyderabad 14 The Principal Secretary, Govt of AP., Panchayat, Raj and Rural Development Department, Secretariat, Hyderabad. 15 The Principal Secretary, Govt of AP., Transport Roads & Buildings Department, Secretariat , Hyderabad 16 The Principal Secretary, Govt of AP., Women Development, Child Welfare And Disabled Welfare Department, Secretariat, Hyderabad 17 The Principal Secretary, Govt of AP., Agricultural and Cooperation Department, Secretariat, Hyderabad 18 The Principal Secretary, Govt of AP., Revenue Department, Secretariat, Hyderabad 19 The Principal Secretary, Govt of AP., Social Welfare Department, Secretariat, Hyderabad 20 The principal Secretary, Govt of AP., Health Medical and Family Welfare Department, Secretariat, Hyderabad 21 The Principal Secretary, Govt of AP., Higher Education Department, Secretariat, Hyderabad 22 The Principal Secretary, Govt of AP., Municipal Administration and Urban Development Authority Department, Secretariat, Hyderabad 23 The Member Secretary, AP State legal Services Authority City Civil Court Buildings, Hyderabad 24 2CCs to Advocate General, High Court of A.P., Hyderabad. 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