S.Geetanjali, vs State Of Andhra Pradesh
2021 Latest Caselaw 2150 AP

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       HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

              WRIT PETITION No.10600 of 2021
ORDER:

The Writ Petition is filed for the following relief:

"......to issue a writ, order or direction one more particularly in the nature of writ of Mandamus declaring executive flat passed by the 1st respondent vide G.O.Ms.No.1562, Finance, dated 25.11.2019 as illegal, arbitrary, un-constitutional and strike down the same and consequently set aside the notice R.C.No.B/Pensions/2020 dt.13.10.2020 issued by the passed 2nd respondent as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and direct the respondents to continue to pay the monthly pension vide PPO No.15-004006/FP with corresponding PPO ID No.31392 along with the arrears for the period of non- payment of pension and pass such other orders in the interest of justice."

This Court has heard the learned counsel for the

petitioner and the learned Government Pleader for Services-

III.

The petitioner before this Court is a daughter of late

Sri S.L.Narasimhan, retired Sub Inspector of Police. It is her

contention that both her mother and father pre-deceased her.

She also submits that in view of her divorce with her

husband, she is unmarried and is not earning anything at

present. She relies upon the report of the Tahsildar, dated

25.05.2011, wherein it is mentioned that she is living alone,

is unmarried and is the divorced daughter of late Sri

S.L.Narasimhan. She also points out that her mother had

expired on 08.04.2008. Therefore, learned counsel argues

that she is an unmarried divorced daughter, who is eligible to

receive the family pension. Learned counsel for the petitioner

relies upon the judgment of the learned Single Judge of this

Court in W.P.No.19671 of 2020 and batch, wherein the issue

relating to G.O.Ms.No.152, dated 25.11.2019, was

considered. Learned Single Judge has set aside the said G.O.

by making it clear that the petitioners in those cases are

entitled to pension. The same G.O. is challenged in this Writ

Petition.

In reply to this, learned Government Pleader argues

that the petitioner was given a notice on 13.10.2020 and that

she did not submit the proper documents. He also argues

that the petitioner is not entitled to any order from this Court.

He, therefore, oppose to grant any order.

This Court after considering the submissions of both

the learned counsel notices that the prayers in those Writ

Petitions are not properly made. The G.O.Ms.No.152, dated

25.11.2019 has already been set aside by this Court in a

batch of matters referred to above, in which a very reasoned

and detailed order was passed by the learned Single Judge.

In view of the orders under batch of matters, G.O.Ms.No.152,

dated 25.11.2019 is not in existence. The second part of the

prayer is to set aside the notice, dated 13.10.2020, under

which the petitioner was directed to submit various details for

grant of family pension. Although the reference is to

G.O.Ms.No.152, dated 25.11.2019, still the fact remains that

the petitioner was directed to submit certain details. In that

view of the matter, there shall be a direction to the petitioner

to submit proper details as demanded by the respondents in

their Notice, bearing No. R.C.No.B/Pensions/2020, dated

13.10.2020. On receipt of the complete information, in terms

of the said notice, the respondents are directed to consider

the case of the petitioner for payment of family pension,

keeping in view of the findings in this Writ Petition and the

Orders of the learned Single Judge in W.P.No.19671 of 2020

and Batch.

With the above observations, the Writ Petition is

allowed. There shall be no order as to costs.

Consequently, the Miscellaneous Applications pending,

if any, shall stand closed.

__________________________ D.V.S.S.SOMAYAJULU, J Date:25.06.2021.

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