Smt. Konakalla Sridevi, vs The State Of Andhra Pradesh
2022 Latest Caselaw 4413 AP

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 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

             WRIT PETITION No.21804 OF 2022

ORDER:

Heard learned counsel for the petitioner and learned

Government Pleader for the respondents.

2. The Writ Petition is filed with the following prayer:

"...to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents is illegal and set aside the impugned endorsement order Dt.24.11.2021 vide L.R.No.Endt CNO 14/A3/F.Pen/2005 on the strength of the Writ petition vide No.19671 of 2020 on the file of this Hon'ble High Court and pass..."

3. The case of the petitioner is that she is eligible widowed

daughter of Government Servant by name Marisetti Mohan Tata

Ramji, Head Constable; as she is eligible for family pension,

petitioner applied for the same and vide impugned endorsement

made by the 7th respondent, the same rejected. GO.Ms.No.152

Finance (HR.III-Pension) Department dated 25.11.2019 came up

for consideration in a batch of Writ Petitions in W.P.No.19671 of

2020 and batch, dated 05.03.2021 and the said G.O.Ms.No.152

dated 25.11.2019 was set aside and the respondents 2 and 3

therein were directed to continue to pay the family pension.

4. Learned Government Pleader appearing for the

respondents did not dispute the same.

5. Operative portion of the impugned endorsement dated

24.11.2021 reads as follows:

"xxx Smt Konakalla Sridevi D/O Sri M Mohan Tata Ramji HC 1397 (late) applied for the family Pension after death of family pensioner Smt Marisetty Paravathi. She was crossed 18 years of Age and she is not Eligible for pension vide G.O M.S No 152 dt 25-09-2019 Further the proposal were returned by the Audit officer stating that the GO M.S No 152 dt 25-09-2019 was dismissed by the Hon'ble High Court of AP."

6. In view of the facts and circumstances of the case, the

impugned endorsement dated 24.11.2021 is set aside and the

respondents are directed to pay the family pension to the

petitioner in terms of judgment in W.P.No.19671 of 2020 dated

05.03.2021 and if, for any reason, the petitioner is not entitled

for the said relief, the respondents are directed to pass a

reasoned order after taking into consideration the above

mentioned judgment, as expeditiously as possible and

communicate the same to the petitioner herein.

7. The Writ Petition is disposed of accordingly. No order as to

costs.

As a sequel thereto, the miscellaneous petitions,

if any, pending in this Writ Petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 22.07.2022 Rmn

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No. 21804 of 2022

Date: 22.07.2022

Rmn