Item No.16
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.303 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against an order dated 19.02.2019
passed by the learned Single Judge dismissing W.P.No.2960 of 2019 filed
by the appellant/writ petitioner praying inter alia for issuing direction to the
official respondents No.1 to 5 not to release the family pension in favour of
the respondent No.6 upon the demise of B.Lingam, who expired on 20.04.2012, on the ground that she alone is entitled to family pension being the legally wedded wife of the deceased B. Lingam.
2. By the impugned order, the learned Single Judge has dismissed the writ petition filed by the appellant/writ petitioner holding inter alia that the appellant/writ petitioner cannot exclude the contesting respondent No.6 from claiming her share in the family pension when she is also claiming to be the wife of the deceased employee of the official respondents and that the only course open to the appellant/writ petitioner would be to approach the civil court and obtain a succession certificate before claiming family pension.
3. We may note that O.S.No.885 of 2015 was filed by none other than the appellant/writ petitioner praying inter alia for a declaration to the effect that she was the legally wedded wife of deceased B. Lingam and therefore being the sole legal heir, she is entitled to all the death benefits including the family pension. The said suit was disposed of by judgment dated 04.06.2018 passed by the learned III Junior Civil Judge, City Civil Court, W.A.No.303 of 2019 Page 1 of 2 2 Hyderabad, holding inter alia that the appellant/writ petitioner as also the respondent No.6 herein would be entitled to a share in the family pension of late B. Lingam and further that the four children through the respondent No.6 were also declared as legal heirs of late B. Lingam along with the appellant/writ petitioner. Thus, the plea of the appellant/writ petitioner that she was the sole legal heir of late B. Lingam, was rejected.
4. We have enquired from learned counsel for the appellant/writ petitioner that if the aforesaid judgment was taken in appeal. He concedes that no challenge was laid to the aforesaid judgment and it has been accepted by the appellant/writ petitioner.
5. In view of the aforesaid position, approaching the concerned court for obtaining succession certificate would not serve any purpose. The appellant/writ petitioner having accepted the judgment dated 04.06.2018, she cannot claim to be the sole legal heir of late B. Lingam for claiming the entire family pension from the official respondents No.1 to 5.
6. The present appeal is accordingly dismissed as meritless along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 23.08.2021 ES/vs W.A.No.303 of 2019 Page 2 of 2