Proceeding Sheet vs High Court Of Andhra Pradesh :: ...
2024 Latest Caselaw 9382 AP

Citation : 2024 Latest Caselaw 9382 AP
Judgement Date : 16 October, 2024

Andhra Pradesh High Court - Amravati

Proceeding Sheet vs High Court Of Andhra Pradesh :: ... on 16 October, 2024

             HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

   MAIN CASE:               C.M.A.(SR).No.43696 of 2010

                                 PROCEEDING SHEET

SL.                                                                             OFFICE
No. DATE                                      ORDER
                                                                                NOTE
HCJ
 10. &16.10.2024
       RSR, J R RNT,J & VN,J

                                Learned counsel for the appellants
                          submits that respondent No.1 herein, who is

the 2nd wife of the deceased employee namely K.J.Prabhakara Rao, South Central Railway, Gudivada, is not entitled for the payment of the family pension. The succession certificate granted in respect to the family pension and the arrears of the family pension in her favour is also not sustainable. He placed reliance in Rameshwari Devi V. State of Bihar and Others1

2. Learned counsel for the respondents submits that the employee's 1st wife died on 5.7.1995 and the 2nd marriage was performed after the death of the 1st wife.

3. We are of the view that in Rameshwari Devi's case (supra), the 2nd marriage was performed during the st subsistence of the 1 marriage. Prima-facie the said judgment will not apply.





       (2000) 2 SCC 431



SL.                                                             OFFICE
No. DATE                       ORDER
                                                                NOTE

4. List the matter for final hearing on 13.11.2024.

5. Learned counsel for the appellants shall satisfy on the next date, about the locus of the appellants to challenge the succession certificate granted in favour of the respondents.

6. In the meanwhile, the appellants shall calculate the amount of the family pension and the arrears of family pension to which the 1st respondent herein would be entitled, and shall deposit the same in this Court through bank draft, before the next date.

______ RNT,J

_____ VN,J RPD

SL. OFFICE No. DATE ORDER NOTE