Smt. Pagadala Eshwaramma V. Union of India

WP/45156/2022

AI Insights

The case involved Smt. Pagadala Eshwaramma and her daughter Smt. P. Susheela, who filed a writ petition against various respondents including the Union of India and the Central Bank of India, seeking a writ of mandamus. The petition aimed to compel the issuance of the Pensioner's portion of Pension Payment Order No. 565769800299, which was necessary for the petitioners to avail benefits under the Central Government Health Scheme (CGHS). The petitioners argued that the failure to issue this order was illegal, arbitrary, and violated principles of natural justice as well as several articles of the Constitution of India. However, the petition was later withdrawn following an agreement with the Central Bank of India to issue the required Pension Payment Order under certain conditions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 725275 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 06-06-2023
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India, Articles 14, 19, 20, 21, 300-A of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: GADI PRAVEEN KUMAR; B NARASIMHA SHARMA
• Assessee Lawyers: P LALITHA KAMESH
• Keywords: Family pension; Natural Justice; Writ of Mandamus; Pension Payment Order; CGHS Scheme
• Section: 151 CPC

Judgement Text

"[ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO:45156 OF 2022 Between: 1. Smt. Pagadala Eshwaramma, W/o. late Pagadala Babaiah Aged about 72 years, Occ. Family Pensioner, Rl/o. '19-1-205, Doodhbowli, Hyderabad-64, TS. 2. Smt. P. Susheela, D/o. late Pagadala Babaiah Aged about 41 years, Occ. Widow (Wo late Sai Kumar), Presently dependent on mother / Petitioner No.1, Fl/o. '19-1-205, Doodhbowli, Hyderabad-64, TS. ...PETITIONERS AND 1 Union of lndia, Rep. by its Secretary, Ministry of Public Grievances and Pensions, New Delhi. The Chief Commissioner of lncome-Tax, Near l.T. Towers, Masab Tank, Hyderabad. 3. The Zonal Accounts Officer, O/o. lncome Tax Bhavan, Aaykar Bhavan, Saifabad, Hyderabad-4. 4. The Director, Central Government Health Scheme, Near Airport, Begumpet, Hyderabad. 5. The Chief Manager, Central Bank of lndia, Begum Bazar, Hyderabad. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 in not issuing the Pensioner's portion of Pension Payment Order No. 565769800299 by family pensioner even after, Petitioner Representation dated 21-7-2022 in order to facilitate the Petitioner for obtaining the benefits under CGHS scheme from Respondent No. 4, is illegal, arbitrary, violative of ,the principles of natural justice and also against Articles 14, 19, 20,21 and 300-A of the Constitution of the lndia and consequently direct the Respondent Nos. 3 and 5 to provide the Pensioner's portion of Pension Payment Order No. 565769800299 to the Petitioner to avail the benefit of CGHS scheme with Respondent No. 4 2 lA NO: 1 OF 2022 Petition under Section 1 51 CPC praying that in the c rc umstances stated in the affidavit rileri it support of the petition, the High Cour. rray be pleased to direct Respondent n, r :2 to dispose of the representation mede by the petitioner dated 21-07-2022 ce rding disposal of the main writ petition Counsel for the Petil ioners: SRl. P LALITHA KAMESH Counsel for the Resl,ondent Nos.1&4: SRI GADI PRAVEEN l(tlMAR Dy' SOLICITOR GENERAL OF INDIA Counsel for the Resl ,ondent Nos.2&3: SRI B. NARASIMHA S;HARTVIA SC FOR INCOME TAX Counsel for the Resl ondent No.5: None appeared The Court made the ollowing: ORDER THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.45156 OF 2Cl22 ORDER: This Writ Petition is frled seeking a writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in not issuing the Pensioner's portion of Pension Payment Order No.565769AOO299 by family pensioner even after petitioner's representation dated 2l-7 -2022 in order to facilitate the petitioner for obtaining the benefits under CGHS scheme from respondent No.4, as illegal, arbitraqr, violative of the principles of natural justice and also against Articles 14, 19, 20, 2l and 30O-A of the Constitution of the India and consequently to direct the respondent Nos.3 and 5 to provide the Pensioner's portion of Pension Payment Order No.5657698OO299 to the petitioner to avail the benefrt of CGHS scheme with respondent No.4 and to pass such other order or orders. 2. Learned counsel for the petitioners seeks permission of this Court to withdraw the present Writ Petition and also filed a letter dated 25.O5.2023 to the Registrar (Judicial) statinB as under: \"I submit that mg clients Smt. P. Eshuorammo and her daughter Smt. P.Susheela had filed the present utrit petition against the Respondents for directions to issue oiginal Pension PaAment Ord.er of her family pension being d.rauLn from the Centrat Ba.nk of India, Begum Bazar, Hgderobad, in order to enable her to enroll herself in tlle CGHS scheme and also for continuation of familg pension to her uLidort.t d.oughter, Stsheela, afibr her deoth. I -srrbrrrrl tlrut the bonker, Central Bank ol Indn, .3egum Bazar, Hgderalx.d, rc. iu isled lo issue No Objection front Smt. I'. Susheela to send the otitlr,1l Pension PaAment Order to the l:hieJ r)c'nmission.er of Income-'l't,-r t() ,tn:tl'er tlrc l{on'b[e High Court in the ab v, ) LL rit petition but on tfu otltt t h'tnd it tttas a settled law that the tlueslit)11 of pagment of fannilg perLsion tr.t lhe uitToued daughter after rhe cleatl ot' the ftrst Petitioner rs , r.) lile mdtter at stake at the present staqc r.,nd hence the qieuance rs lu)r leJ to onlA for issue of Oiginal Pen;iott Pttlmet Order to the Petitto er lr''. ) fctr enrollitg lrcrself in the CGHS sche:r rc for uhich the banker acireed o ;ssue the same under a Letter of Unde-rtakiry1 to retum lhe same 'o t e bunker aftt;r her enroLment is compieted. 4t d, tLtere is no purpose in thc lt ?tldencA of the Wit Petition since tht) gietat ce ts setlled. Therejtre I prag the Hon'ble lTigh Court to ttlthdratu the said Wit Petition aclttirst ht Responrienls as 'closed on LDtthciraLuel ond ,cass such ctther orde .s ult ,. u hbertg 1o the Petitioners to ctppntach t,rc Hot'ble High ()ourl tuhen.euer 1 7e1! cause of actictn aises, in the ;nte're:1:; of -,ustic<:.\" 3. Permis sio r-r s accorcled 4 . Accorclr ngh, . t he Writ Petitior-r is dismisser I zrs w: thrlrarvn u,ith liberty as pra .er' li,r. There shall be no order as to cosr s Miscell:rneor rs petitions, if any, pending in rhis Writ Petition, shall stand clost:cl //TRUE COPY// SD/. K. AMMAJI ASSIS TT.NT REGISTRAR qJD S E,]TION OFFTCER To, 1 2 4 S P One One INDI One Two CC to SRI CC to SRl. A [OPUC] CC to SRI CD Copies I L-ALITHA KAN/ESH Advocate tOpUCl ()ADl PRAVEEN KUMAR Dy. SOL|C|TOR GEN:RAL OF ]. NARASIMHA SHARMA, SC FoR INCC,ME TAX [oPUC] KK GJ I HIGH COURT DATED:06106t2023 ORDER WP.No.45156 of 2022 DISMISSING I'HE WP AS WITHDRA'A/N WITHOUT CO STS 7-- /,() //,.< /,) l' l t, .: t 'u' 'l .. ..t ,/ ===:-- il irE srAIs ) 1 ,utl ?0zJ v {'J P- t-r ') "