IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 28816 of 2008 Between: Gali Ramakrishna Rao S/o. Simhadri, Prakasam District presently at Zaddavaripalem(V) Nuzendla(M) Guntur District ..... PETITIONER AND 1 The District Collector Ongole Prakasam District 2 The Disitrict B.C Welfare Officer Ongole Prakasam District 3 The Government of B.C Boys Hostel Rep.by its HWO Pullalacheruvu Prakasam District 4 The District Audit Officer(State Audit) Ongole Prakasam District 5 The District Treasure Officer Ongole Prakasam District 6 The Assistant B.C Welfare Officer Markapuram Prakasam District .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent Hostel Welfare Officer Government B.C Boys Hostel the petitioner in not paying the anticipatory pension amount to the petitioner in spite of the Anticipatory sanctioned pension orders issued by the 2nd respondent District B.C Welfare Officer, Ongole in his orders vide Rc No.A2/216/2007 25-6-2008 as illegal arbitrary violative of Art 14,19,21 of the constitution of Indian and consequently direct the respondents to release pay all final pension benefits as per rules to the petitioner forthwith. Counsel for the Petitioner: MR.G.VENKATA REDDY Counsel for the Respondents.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R : The petitioner was appointed as Attender in Government B.C. Boys Hostel, Pullalacheruvu, Prakasam District, on 19.10.1986. He took voluntary retirement and retired from service with effect from 31.12.2007. The District B.C.Welfare Officer, Ongole, Prakasam District- 2nd respondent issued proceedings granting anticipatory pension of Rs.2328/- per month to the petitioner. Since the Government B.C. Boys Hostel rep. by its HWO, Pullalacheruvu, Prakasam District-3rd respondent, who is the competent authority to draw and pay the amount, has not acted upon the proceedings issued by the 2nd respondent, the petitioner approached this Court invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to direct the respondents to release the anticipatory pension and final pension benefits. 2. When the writ petition came up for admission, learned Government Pleader for Social Welfare takes notice on behalf of the respondents. 3. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents. 4. The fact that the 2nd respondent issued proceedings granting anticipatory pension to the petitioner is not in dispute. 5. In that view of the mater, the writ petition is disposed of at the admission stage directing the 3rd respondent to act upon the proceedings issued by the 2nd respondent forthwith and draw and pay anticipatory pension to the petitioner. The respondents also directed to take steps for payment of final pensionary benefits to the petitioner as expeditiously as possible. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:29th January, 2009. Note: Issue C.C. within three days. B/o cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}