Andhra Pradesh High Court - Amravati
V. Vijaya Kumari, vs State Of Andhra Pradesh on 3 July, 2024
APHC010226392020
IN THE HIGH COURT OF ANDHRA
PRADESH
[3310]
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE THIRD DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 14930/2020
Between:
V. Vijaya Kumari ...PETITIONER
AND
State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. KIRTHI TEJA KONDAVEETI
Counsel for the Respondent(S):
1. GP FOR EDUCATION
2. I MADHU BABU (SC FOR JNTU KAKINADA)
The Court made the following 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
declaring the action of the Respondents in stopping
family pension to the petitioner December, 2019
(Pension to be paid in January, 2020)and the letter
bearing No.C3/family pension/2020, dated 8-7-2020
addressed by the Principal, University College of
Engineering, Jawaharlal Nehru Technological
University, Kakinada addressed to the Registrar,
Jawaharlal Nehru Technological University, Kakinada is
wholly illegal, arbitrary and violative of Articles 14, 16
and 21 of the Constitution of India apart from being
violative of principles of natural Justice and
consequently declare that the petitioner is entitled for
payment of family pension every month ..."
2. Heard Mr.Keerthi Teja Kondaveeti, learned counsel for the
petitioner, Sri I.Madhu Babu, learned Standing Counsel for
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JNTU, who appeared through virtual hearing, and learned
Government Pleader for Education.
3. Learned counsel for the petitioner submits that the
petitioner was sanctioned family pension, after verification of
relevant documents submitted by the petitioner to the respondent
authorities, vide proceedings, dated 18.09.2015. While the things
stood thus, the 3rd respondent issued notice in
R.No.C3/pen./VVL. Dated 27.01.2020 stating that the
Government issued G.O.Ms.No.152, Finance (H.R.III-Pension)
Department, dated 25.11.2019 revising the guidelines for
sanction of family pension to widowed/divorced/unmarried
daughter under category-II of Rule 50 of A.P.Revised Pension
Rules, 1980 and to submit certain documents in order to continue
payment of family pension to the petitioner. The petitioner has
submitted copies of documents as sought for in the said notice.
But without issuing any notice and passing any orders on the
said notice, the 3rd respondent has stopped payment of family
pension to the petitioner from December, 2019.
4. Learned counsel for the petitioner further submits that
when the petitioner approached the respondent authorities, the
3rd respondent has given copy of impugned letter No.C3/Family
Pension/2020, dated 08.07.2020 addressed by him to the 2nd
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respondent, requesting to issue revised proceedings regarding
continuation of family pension to the petitioner in the light of the
Government Orders and audit clarification. Though the
respondents have not taken any action, the petitioner made a
representation, dated 14.02.2020 to the 3rd respondent
requesting to continue her family pension. However, so far no
action has been taken. Hence, the present writ petition.
5. This Court vide order, dated 26.08.2020 passed the
following order:
"In the meanwhile, to avoid irreparable loss to the
petitioner, since the respondents have not paid the
family pension to the petitioner from December, 2019
onwards, respondents are directed to pay the family
pension to the petitioner, in accordance with the Rules."
6. The 2nd respondent filed counter inter alia stating that it is
held by this Court in the order of the W.P.Nos.19671 of 2020 and
batch that executive instructions will not over ride or prevail over
the statute of statutory rules framed exercising power under
Article 309 of the Constitution of India and that the said
G.O.Ms.No.152, Finance (H.R.III - Pension) Department, dated
25.11.2019 is violative of Articles 14, 21 and 300-A of the
Constitution of India. Pursuant to the guidelines issued in the
common judgment of this Court, the writ petitioner is being paid
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her family pension regularly and her grievance is lawfully
redressed.
7. In view of the above said facts and circumstances and in
view of the interim orders dated 26.08.2020 passed by this Court
and as it is submitted by respondent authorities that the petitioner
is being paid family pension regularly, this Court deems it
appropriate to dispose of this writ petition directing the
respondents to continue payment of family pension to the
petitioner regularly, in accordance with the Rules.
8. With the above observation, the Writ Petition is disposed
of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, in
this Writ Petition, shall stand closed.
_______________________
DR. K.MANMADHA RAO, J.
Date : 03.07.2024
SPP
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 14930 OF 2020
Date : 03.07.2024
SPP
