Andhra Pradesh High Court - Amravati
Kondamudi Hemamalini, vs The Central Power Distribution ... on 6 July, 2022
1
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.18283 of 2022
ORDER:
The Writ Petition is filed questioning the proceedings of
the 3rd respondent, dated 26.05.2020 directing stoppage of
family pension of the petitioner from the month of May, 2020
onwards in terms of G.O.Ms.No.152, Finance (HR.III-Pen)
Department, dated 25.11.2019 as arbitrary and illegal.
2. The case of the petitioner is that her mother while working
as Junior Accounts Officer in APSPDCL, Bapatla, applied for
voluntary retirement from service, the same was accepted and
she was granted service pension and subsequently she passed
away in the year 2018; after her demise, family pension is being
given to the petitioner as the petitioner is a divorced daughter;
through impugned proceedings dated 26.05.2020, the 3rd
respondent directed stoppage of family pension to the petitioner
and accordingly, the same was stopped by invoking
G.O.Ms.No.152, Finance (HR.III-Pension) Department, dated
25.11.2019 and in W.P.No.19671 of 2021 and batch, the said
G.O.Ms.No.152, Finance (HR.III-Pension) Department, dated
25.11.2019 was struck down. Hence, the Writ Petition.
3. Heard the learned counsel for the petitioner and learned
Standing Counsel appearing for the respondents.
4. The impugned proceedings, dated 26.05.2020, reads as
follows:
"CENTRAL POWER DISTRIBUTION CORPORATION OF A.P.
LIMITED
OPERATION CIRCLE:: GUNTUR
From To
The Senior Accounts Officer The Executive Engineer,
O/oThe Superintending Engineer Operation, APCPDCL
Operation Circle, APCPDCL Bapatla.
Vidyuthbhavan, Sangadigunta,
Guntur.
Lr.No.SE/O/GNT/SAO/AO(E)/JAO/P&G/C1/D.No.180/20,
Dt.26.05.2020
Sir,
Sub: Elecy.-APCPDCL-OC-Guntur-P&G Section - Smt.
K. Hema Malini, D/o M.A. Kanakavalli, JAO,
Retired on 31.08.2001 and expired on 10.06.2018
- PPO No.1931 of SE/O/ Guntur - Stop the
payment of family pension - Instructions - Issued
- Reg.
Ref: 1) T.O.O.Ms.No.1632, DT.01.05.2020.
2) C.O.O.No.13, Dt.07.05.2020.
***
As per the orders issued, vide reference cited regarding
the payment of widowed/ divorced daughter of dependent family
pension under Cat.II, the Executive Engineer/ Operation/
Bapatla is requested to stop the payment of family pension in
respect of Smt. K. Hema Malini, D/o M.A. Kanakavalli, PPO.No.
1931 of SE/O/ Guntur with immediately effect (I.e.) 05/2020
paid in 06/2020 until further orders. The cancellation of PPO
order will be issued separately.
Senior Accounts Officer
Operation Circle:: Guntur"
5. In W.P.No.19671 of 2021 and batch, when the said G.O.,
came up for consideration, it was held by this Court that the
executive instructions through the impugned G.O.Ms.No.152,
Finance (HR.III-Pension) Department, dated 25.11.2019 is
violative of Articles 14, 21 and 300-A of the Constitution of India
and the Andhra Pradesh Revised Pension Rules, 1980 and the
said batch of Writ Petitions were allowed setting aside
G.O.Ms.No.152, Finance (HR.III-Pension) Department, dated
25.11.2019 and directing the respondents to pay the arrears of
family pension to the petitioners with interest at the rate of 6%
per annum, from the day on which the family pension was
stopped to them, within two (02) months.
6. Learned Standing Counsel appearing for the respondents
does not dispute the fact that the family pension was stopped to
the petitioner basing on G.O.Ms.No.152, Finance (HR.III-
Pension) Department, dated 25.11.2019. Learned Standing
Counsel also submits that challenging the Orders in above
batch of Writ petitions, a Writ Appeal was filed in the year 2021
and the same is pending before this Court. Admittedly, there is
no stay of operation of the Judgment in W.P.No.19671 of 2021
and batch.
7. In view of the facts and circumstances, Writ Petition is
allowed and the impugned proceedings dated 26.05.2020,
issued by the 3rd respondent directing stoppage of family
pension of the petitioner from the month of May, 2020 onwards,
are set aside. The respondents are directed to continue to pay
family pension to the petitioner as was paid to her previously
and they are also directed to pay arrears with interest @ 6% per
annum from the date on which the family pension was stopped
by them, if the same is in view of G.O.Ms.no.152, Finance
Department, dated 25.11.2019. If the pension is stopped due to
any other reason, the respondents are directed to pass a
reasoned order and communicate the same to the petitioner. No
order as to costs.
8. As a sequel thereto, the miscellaneous petitions,
if any, pending in this Writ Petition shall stand closed.
_________________________________
KONGARA VIJAYA LAKSHMI, J
Date: 06.07.2022
Ks
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.18283 of 2022
Date: 06.07.2022
Ks
