Plea challenges deferment of Pension payment amid COVID-19: Andhra Pradesh High Court allows Govt 1 week to respond

The Andhra Pradesh High Court at Amravati on Tuesday allowed the State Government one week's time to respond to a plea challenging the move to defer the payment of pension citing the COVID-19 pandemic..In this regard, Advocate Ravi Shankar Jandhyala had moved a letter petition challenging a State Government order dated March 31, 2020. Clause (v) of this order concerned the deferment in paying 50% of the pension for the month of March, until further orders, citing the COVID-19 pandemic..Jandhyala had challenged the same as illegal and contrary to the rights guaranteed under the Constitution of India, arguing that the State Government has no Jurisdiction to issue the executive instructions for the deferment of Pension.” .The letter petition further stated that "there is no provision of the Epidemic Diseases Act, 1897 which empowers the Government to curtail the rights of the pensioners to receive the full pension or as a matter of fact differ salaries also. Therefore, the impugned GO is liable to (be) struck down.”.It was added that even if the Indian President declares a financial emergency the State Government would still not be authorised to reduce or order the deferment of pension or salaries..To buttress his case, Jandhyala had also relied on the Supreme Court's ruling in State of Jharkhand and ors. vs. State of Jitendra Kumar Srivastava and ors (2013)..In view of these submissions, the High Court had been urged to take up the matter as a suo motu Public Interest Litigation. .When the matter was taken up by a Bench of Chief Justice JK Maheswari and Justice M Satyanarayana Murthy earlier this week, the State sought a week's time to file a reply in the matter. Accordingly, the case has been listed to be taken up next week..Read the order:.Read the Letter-Petition: