Court holds administrative delay and Model Code of Conduct enforcement cannot deny eligible petitioner arrears under NTR Bharosa Pension Scheme
In a significant judgment dated September 3, 2026, the Andhra Pradesh High Court, presided over by Justice K. Sreenivasa Reddy, ruled in favor of Tadisetti Tirupatamma, directing the State government to pay widow pension arrears from the date of her application, despite administrative delays and the enforcement of the Model Code of Conduct during elections.
Tadisetti Tirupatamma, the petitioner, had applied on March 16, 2024, for widow pension under the YSR Pension Kanuka Scheme, later renamed as the NTR Bharosa Pension Scheme by a government order dated June 13, 2024. Though eligible, her application remained pending for over 10 months due to administrative inertia compounded by the Model Code of Conduct related to General Elections and subsequent Assembly elections. She was sanctioned the pension only in early 2026 following the High Court's direction.
The petitioner's husband, a differently-abled pensioner, had passed away in July 2023. The petitioner claimed entitlement to widow pension arrears from the date of her application, citing the government's own guidelines that prescribe a 21-working-day timeframe for processing pension applications and the government order enhancing pension from Rs. 3,000 to Rs. 4,000 per month effective April 1, 2024.
The respondents contended that the delay was due to compliance with the Model Code of Conduct and that no provision existed for retrospective arrears payment. However, the Court observed that temporary restrictions during the Model Code of Conduct cannot deprive an eligible petitioner of accrued benefits after the Code ceases. The Court further held that denying arrears violates principles of justice and the petitioner's rights under Articles 14, 19, and 21 of the Constitution.
Referring to earlier High Court precedents such as Palla Gangamma v. State of Andhra Pradesh and Rajula Sahu v. Principal Secretary, the Court emphasized the social security pension scheme's purpose to alleviate poverty and uphold dignity. It ruled that the petitioner's eligibility was not in dispute, and the administrative delay should not prejudice her claim.
The Court directed the authorities to calculate and pay arrears from March 16, 2024, until the date regular pension payments commenced, adjusting for amounts already disbursed. The process was ordered to be completed within eight weeks from the receipt of the Court's order.
This ruling reinforces the principle that administrative or political processes cannot override substantive entitlement to social welfare benefits and strengthens the legal safeguards for vulnerable widows under the state's pension schemes.
Bottom Line:
Social Security Pension - Entitlement to Widow Pension with retrospective effect - Eligible petitioner cannot be denied arrears of pension for the period during which her application was kept pending due to administrative delays or Model Code of Conduct enforcement.
Statutory provision(s):
Articles 14, 19, 21 of the Constitution of India
Tadisetti Tirupatamma v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2973594
