The Andhra Pradesh High Court has held that an eligible widow cannot be denied pension benefits for the period during which her application remained pending due to administrative delays.

The Court directed the authorities to pay her pension arrears from the date of application, subject to the prescribed eligibility conditions.

In doing so, the Court observed that the authorities could not take advantage of their own failure to process the application within the prescribed timeframe and deprive the petitioner of the benefits of the scheme.

Under G.O.Ms.No. 174 dated December 13, 2019, the Government prescribed the eligibility criteria for pensions under the YSR Pension Kanuka Scheme. Separately, a revised operational guideline issued through Memo dated September 9, 2022, required the entire process to be completed within 21 working days from receipt of an application.

A Single Judge Bench of Justice K. Sreenivasa Reddy observed:

“Therefore, it is evident that there is no dispute with regard to petitioner's eligibility, however, pursuant to the direction issued by this Court, the petitioner's application was processed and pension was sanctioned. Therefore, the very basis of respondents' case is not that the petitioner was ineligible, but it is that the sanction was delayed on account of administrative and policy decision.

In the case on hand, a perusal of the material on record goes to show that the petitioner's application was made on 16.03.2024, and the Government of Andhra Pradesh issued G.O.Ms.43, Panchayat Raj and Rural Development (RD.I) Department, dated 13.06.2024 restoring the pension. Clause 2 (e) of the G.O.Ms.No.43 specifically provides that the enhanced pension for categories including Widow Pension shall be payable from 01.04.2024 and shall be disbursed from 01.07.2024 along with three months' arrears. Therefore, the Government itself consciously fixed 01.04.2024 as the date for payment of the enhanced pension. Therefore, the respondent authorities cannot take advantage of their own failure to process the petitioner's application within the prescribed time and deprive her of the benefit.”

The proceedings arose from a writ petition filed by a widow, whose husband, a differently abled pensioner, died on July 14, 2023.

She applied for widow pension on March 16, 2024, under the YSR Pension Kanuka Scheme. Despite repeated requests, her application remained pending.

The petitioner contended that she fulfilled the eligibility criteria but was discriminated against by the authorities, who had extended similar benefits to other eligible beneficiaries.

According to the authorities, her application could not be processed because the Model Code of Conduct had come into force in connection with the general elections.

During the pendency of the petition, the High Court directed the authorities on January 8, 2025, to consider her application.

The authorities subsequently sanctioned her a monthly pension of ₹4,000, and payment commenced on March 1, 2026. The petitioner nevertheless sought arrears for the period during which her application remained pending.

Opposing the claim, the authorities contended that the scheme did not provide for payment of arrears from the date of application.

Against this backdrop, the Court considered whether the petitioner had a vested legal right to claim pension retrospectively.

Considering the issue, the Court noted that the petitioner's eligibility was undisputed and that her pension had been sanctioned pursuant to the Court's directions. The delay was therefore attributable to administrative and policy decisions, rather than any failure on her part to satisfy the eligibility conditions.

The Court also referred to G.O.Ms.No.43 dated June 13, 2024, through which the Government restored the pension scheme under the name of NTR Bharosa Pension Scheme and enhanced the monthly pension for specified categories, including widows, from ₹3,000 to ₹4,000.

Clause 2(e) of the Government Order expressly provided that the enhanced pension would be payable from April 1, 2024, with disbursement commencing on July 1, 2024, along with three months' arrears. The Court noted that the Government had consciously fixed April 1, 2024, as the date from which the enhanced pension was payable.

Taking note of the circumstances, the Court said that the temporary restrictions imposed during the Model Code of Conduct did not extinguish her substantive entitlement.

Accordingly, the High Court allowed the writ petition and directed the authorities to calculate and pay pension arrears from March 16, 2024, the date of application, until regular monthly pension payments commenced.

The arrears were to be calculated at the rates prescribed under G.O.Ms.No.174 and G.O.Ms.No.43 for the relevant period, with amounts already paid adjusted against the total arrears.

The Court directed the authorities to complete the process within eight weeks from receipt of a copy of the order.

It clarified that the ruling would not extend pension benefits to persons who did not satisfy the prescribed eligibility criteria.

Counsel for the Petitioner: Shaik Shahedaz.

Counsel for the Respondents: Government Pleader for Panchayat Raj and Rural Development; Government Pleader for Revenue; Hari Babu Maguluri, Standing Counsel for SERP; and Mattegunta Sudhir, Standing Counsel for ZPPs, MPPs and Gram Panchayats.