Andhra Pradesh High Court - Amravati
Medikonda Amulya vs The Government Of Andhra Pradesh on 27 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.31104 OF 2022
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the
nature of Writ of mandamus directing the respondent Nos. 2 to 4 to
pay pension under Rule 50 of Andhra Pradesh Revised Pension
Rules, 1980 as amended in para 7 of G.O.Ms.No. 315 Finance
(Pension-I) Dept dated 07.10.2010 under category-II(A) regarding
unmarried daughters that the unmarried daughter not covered by
category-I eligible for family pension up to the date of marriage or
till the date she starts earning or up to the date of death whichever
is the earliest Later the Government have issued clarificatory
orders vide G.O.Ms.No.152 Finance (HR-iii-Pension) Department Dt
25.11.2019 wherein, Para-5 (ii) regarding unmarried daughter
covered under category-II(A) under para-7 of G.O.Ms.No.315
Finance (Pension-1) Dept dated 07.10.2020 read as in case of the
unmarried daughter beyond the age of 25 years also family
pension will be sanctioned subject to no other eligible family
pensioner under category-I is available The acts of the respondents
which are clearly illegal, arbitrary, discriminatory and unjust and
violative of Articles 14, 16 and 21 of the Constitution and pass such
other orders...."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner requested this Court to issue a direction to the
respondents to dispose of the representation dated 11.05.2022
submitted by the petitioner in terms of G.O.Ms.No.315 Finance
(Pension) Department dated 07.10.2010, without touching the
merits of the case.
3. Learned counsel for the Government Pleader for Services-I
readily agreed to dispose of the representation dated 11.05.2022
submitted by the petitioner, if any pending with the respondent
authorities.
4. In view of the submission of learned Government Pleader
appearing for respondents, I need not decide the truth or otherwise
of the allegations made in the petition.
5. This Court is conscious that no such direction be issued in
view of the judgment of the Apex Court in The Government of
India v. P.Venkatesh1, wherein the Apex Court held that such
orders may be passed for a quick or easy disposal of cases in
overburdened adjudicatory institutions but, they do not serve to
the cause of justice. As the learned counsel for the petitioner
himself requested to issue a direction to dispose of the
representation dated 11.05.2022 submitted by the petitioner, I find
no other alternative except to issue such direction.
6. In the result, Writ Petition is disposed of, while directing the
respondents to dispose of the representation dated 11.05.2022
2019 (8) SCALE 544
submitted by the petitioner in terms of G.O.Ms.No.315 Finance
(Pension) Department dated 07.10.2010, within four (04) from the
date of receipt of a copy of this order. No costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________
DR.K. MANMADHA RAO, J
Date: 27.09.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.31104 OF 2022
Date:27.09.2022
KK
