B. Kousalya vs The State Of Telangana
2021 Latest Caselaw 2450 Tel

Item No.16




         THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                            AND
         THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                             W.A.No.303 of 2019

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The present appeal is directed against an order dated 19.02.2019

passed by the learned Single Judge dismissing W.P.No.2960 of 2019 filed

by the appellant/writ petitioner praying inter alia for issuing direction to the

official respondents No.1 to 5 not to release the family pension in favour of

the respondent No.6 upon the demise of B.Lingam, who expired on

20.04.2012, on the ground that she alone is entitled to family pension being

the legally wedded wife of the deceased B. Lingam.

2. By the impugned order, the learned Single Judge has dismissed the

writ petition filed by the appellant/writ petitioner holding inter alia that the

appellant/writ petitioner cannot exclude the contesting respondent No.6 from

claiming her share in the family pension when she is also claiming to be the

wife of the deceased employee of the official respondents and that the only

course open to the appellant/writ petitioner would be to approach the civil

court and obtain a succession certificate before claiming family pension.

3. We may note that O.S.No.885 of 2015 was filed by none other than

the appellant/writ petitioner praying inter alia for a declaration to the effect

that she was the legally wedded wife of deceased B. Lingam and therefore

being the sole legal heir, she is entitled to all the death benefits including the

family pension. The said suit was disposed of by judgment dated

04.06.2018 passed by the learned III Junior Civil Judge, City Civil Court,

Hyderabad, holding inter alia that the appellant/writ petitioner as also the

respondent No.6 herein would be entitled to a share in the family pension of

late B. Lingam and further that the four children through the respondent

No.6 were also declared as legal heirs of late B. Lingam along with the

appellant/writ petitioner. Thus, the plea of the appellant/writ petitioner that

she was the sole legal heir of late B. Lingam, was rejected.

4. We have enquired from learned counsel for the appellant/writ

petitioner that if the aforesaid judgment was taken in appeal. He concedes

that no challenge was laid to the aforesaid judgment and it has been accepted

by the appellant/writ petitioner.

5. In view of the aforesaid position, approaching the concerned court for

obtaining succession certificate would not serve any purpose. The

appellant/writ petitioner having accepted the judgment dated 04.06.2018, she

cannot claim to be the sole legal heir of late B. Lingam for claiming the

entire family pension from the official respondents No.1 to 5.

6. The present appeal is accordingly dismissed as meritless along with

the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 23.08.2021 ES/vs