Sri M.Manmadha Rao vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE D. RAMESH WRIT PETITION No.10329 of 2022

ORDER:-

The present writ petition is filed questioning the endorsement in Rc.No. 131/2020 dated 09.04.2020 rejecting the claim of the petitioner for giving non-earning member certificate in the family of the petitioner contrary to the facts elicited in local enquiry stating that there are no earning members in the family of the petitioner as illegal.

2. The petitioner is resident of house No. 2-78 main street, Boragavalasa village, Rottavalasa (post), Srikakulam District. The petitioner is land- looser after acquisition of his land by Special Deputy Collector LA BRR Vamsadhara Project, Srikakulam under Award No. 14/04-05 dated 30.08.2004.

3. The father of the petitioner late Ramajogi Naidu inherited the land admeasuring an extent of Ac. 4-50 cents and out of which the land admeasuring an extent of Ac.0.52 cents were acquired for BRR project which is a major Irrigation project. The Government has provided certain concessions to the land losers in addition to payment of compensation including appointment to the spouse or son/daughter of land looser under displaced persons quota. In view of the same, the petitioner is entitled and eligible for appointment under the said quota. He made an application to the 4th respondent for issuance of 'no earning member certificate'. When the 4th respondent has not considered the said application filed by the petitioner, the petitioner filed an application under RTI Act on 30.09.2019. Based on the same, the MRI, Burja Mandal have visited the village along with VRA and enquired about financial status of the petitioner's family and recorded the statements of five (5) members of the Bogavalasa village. After enquiry, the MRI has submitted his report stating that the petitioner have no source of income. The petitioner got land admeasuring an extent of Ac.0.68 cents from his father and he is living with his father and mother. His father is a retired government employee and getting pension. Hence, he is eligible for no-earning member certificate. Without considering the report submitted by the MRI, the impugned endorsement vide Rc. No. 131/2020 A dated 09.04.2020 was issued stating that the father of the petitioner is getting pension, brother of the petitioner is working as Secondary Grade Teacher since 2001; and hence, his application was rejected.

4. The learned counsel for the petitioner has specifically contended that the respondents cannot reject the claim of the petitioner stating that the father of the petitioner is a pensioner and brother of the petitioner is working as Secondary Grade Teacher. When an identical issue is placed before this Court in W.P.No.726 of 2020, the same was decided holding that merely because of family pension is being paid to the persons in the family, they cannot reject the application of the petitioner filed for no-earning member certificate. In view of the said observations, rejecting the claim of the petitioner under the guise of the father of the petitioner getting pension is illegal. The second ground taken by the respondents for not issuing 'no earning member certificate' is that the brother of the petitioner was appointed as Secondary Grade Teacher and working since 2001 cannot be taken as a ground for not issuing the 'no earning member certificate' as the brother of the petitioner is living separately.

5. Heard both sides.

6. Considering the submissions and on a perusal of the documents, the endorsement dated 09.04.2020 is set aside, remanding the matter

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to the 4th respondent to reconsider the issue as per the rules and issue no-earning member certificate to the petitioner within a period of one (1) month from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of.No costs.

8. As a sequel thereto, interlocutory applications, if any, shall also stand closed.

______________________ JUSTICE D. RAMESH

Date: 29.06.2022 PSR.

THE HON'BLE SRI JUSTICE D. RAMESH

(Disposed of)

WP No. 10329 of 2022

29.06.2022

Psr.

173