Perumalla Nagamani vs The State Of Andhra Pradesh,
2022 Latest Caselaw 3824 AP

Citation : 2022 Latest Caselaw 3824 AP
Judgement Date : 8 July, 2022

Andhra Pradesh High Court - Amravati

Perumalla Nagamani vs The State Of Andhra Pradesh, on 8 July, 2022

                                          1
                                                                                 KVL, J
                                                                   WP No.14894 of 2022



            HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

                       Writ Petition No.14894 of 2022

ORDER:

This writ petition is filed with the following prayer:

'...to declare the inaction of the 3rd respondent in forwarding pension papers to Respondent No.4 for sanction of family pension to the petitioner as illegal and arbitrary'.

Case of the petitioner is that, she is dependent widow daughter of

late N. Veeraiah; her father, who was working as Senior Assistant in the

office of the 3rd respondent, retired from service on 31.03.2000 and later

expired on 12.09.2014; after the demise of her father, her mother was

sanctioned family pension till her death on 08.05.2021; petitioner's husband

passed away long back and hence, she was dependent on her mother when

she was alive; petitioner submitted an application on 10.01.2022 to the 3rd

respondent requesting to sanction family pension in view of demise of her

mother; but the pension papers were returned by the 3rd respondent

through letter dated 17.01.2022 on the ground that there is no specific

government order regarding the family pension to the widow daughter of

the service pensioner; reference is made to G.O.Ms.No.152 dated

15.11.2019 in the impugned order; G.O.Ms.No.152 dated 15.11.2019 was

challenged in WP No.19671 of 2020 & batch and the said writ petitions were

allowed by this Court on 05.03.2021 by setting aside G.O.Ms.No.152 dated

15.11.2019. Hence, the writ petition.

No counter-affidavit is filed by the respondents.

Heard Mrs. Kopparthi Sumathi, learned counsel for the petitioner,

learned Government Pleaders for services I & III and Mrs. K. Swarna Seshu,

learned standing counsel for the 4th respondent.

Impugned letter reads as follows:

KVL, J WP No.14894 of 2022

"Lr.No.AB/Ec.II/17M dated 17.01.2022 Sir, Sub: Pensions - family pension of Sri N. Veeraiah, S.A. retired on 31.03.2000 AN - Smt. P. Nagamani widow daughter of Sri late N. Veeraiah, S.A. (Rtd) and late N. Koteswaramma - family pension proposals - returned - regarding. Ref: 1.G.O.Ms.No.152 Finance (HR-III-Pension) Department, dated 25.11.2019.

2. Her application dated nil received in this office dated 10.01.2022.

*** With reference to the 2nd cited, it is to inform that the Hon'ble High Court, Andhra Pradesh dispensed the G.O. in the reference 1st cited as seen from your application. But there is no specific government order regarding the exceptions for allowing the family pension to the widow daughter of the service pensioner and family pension.

Hence, the family pension papers which were submitted vide reference 2nd cited is herewith returned and directed to resubmit the same after duly receipt of the specific Government orders on the judgment of Hon'ble Andhra Pradesh High Court for taking further action."

As seen from the reference, pension is not being sanctioned to the

petitioner as she is a widow daughter of the pensioner and not eligible

according to G.O.Ms.No.152 Fiancé Department dated 25.11.2019 and there

is no specific order to pay pension to her.

Certain conditions were imposed for being eligible to receive family

pension to a daughter of the pensioner through G.O.Ms.No.152 Finance

Department dated 25.11.2019. The said G.O. was challenged in WP

No.19671 of 2021 and batch and the said Writ petitions were allowed.

Learned Government Pleader does not dispute the fact that pension

was disallowed to the petitioner basing on the said G.O., which was struck

down.

In view of the facts and circumstances, as the said judgment applies