Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 10073 (AP)

Ch.Narayanacharyulu, v. The State of Andhra Pradesh,

WP/13107/2025 · 2025-06-15

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

h IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13107 OF 2025 Between: Ch.Narayanacharyulu, S/o. Late Ch. Sri Venkateswarlu, aged about 64 years, D.No- 5-217, Boring Street, Vemulapalli, Dwarapudi, East Godavari District-533341. ...Petitioner AND The State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat Building, Velagapudi, Amaravathi Guntur District The Commissioner of School Education Department, Manqalaairi Guntur District. » » > The state of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District The Accountant General A and E, Audit Officer, Beside Monorama Hotel, Vijayawada, Andhra Pradesh - 5220002. The lyiandal Educational Officer, Mandal Praja Parishad, Anaparthi Mandal, Anaparthi, East Godavari District. The Sub Treasury Officer, Sub Treasury Office, Anaparthi, Anaparthi Mandal, East Godavari District. 1. 2. 3. 4. 5. 6. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly one m the nature of Writ of Mandamus declaring the inaction of the respondents applications/representations dated 10.10.2017, 27.01.2024, 03.02.2024, 30.10.2024, and 21.11.2024 by the petitioner as illegal . arbitrary, and violation of Articles 14, 16, and 21, and ' Revised Pension Rules 1980 •respondents to issue the family pension to the writ petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4*^ Respondent to consider the 21.11.2024 and release the family pension to the writ petitioner disposal of the writ petition. Counsel for the Petitioner: SRI T N M RANGA RAO Counsel for the Respondents: GP FOR SERVICES - I & II The Court made the following order: a violation of Rule 50 i' <• and consequently direct the - application dated pending % APHC010113222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13107/2025 Between: ...PETITIONER Ch.narayanacharyulu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.T N M RANGA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II 2 1 HCGRJ W^P.No.13107 of 2025 ' The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents on applications/ representations dated 10.10.2017, 27.01.2024, 03.02.2024. 30.10.2024, and 21.11.2024 by the petitioner as illegal, arbitrary, and violation of Articles 14, 16, and 21, and a violation of Rule 50 of AP Revised Pension Rules 1980, and consequently direct the respondents to issue the family pension to the writ petitioner and pass such other order or orders....” Heard Sri T.N.M.Ranga Rao, learned counsel for the petitioner 2. and learned Assistant Government Pleader for Services-ll for respondents. 3. Petitioner claims to be physically handicapped son of deceased employee namely Ch.Venkateswarlu, who after retiring as Secondary Grade Head Master in M.P.P. Elementary School, expired on 10.07.2017. He is stated to have left behind four sons and two daughters, as his wife predeceased him. Petitioner being physically handicapped son claims to be eligible for family pension in terms of the Andhra Pradesh Revised Family Pension Rules, 1980 (hereinafter referred as ‘the Rules’). Petitioner has made an application dated 10.10.2017 to respondent. Later, the 5 th respondent has called for certain objections regarding the said application and the same have been complied with. Petitioner stated to have submitted another application dated 21.11.2024, which is pending with 4^*^ respondent. Neither the 5'^ respondent nor the other 3 HCGR.J W. P.No.13107 of 2025 respondents have considered the application of petitioner for grant of family pension in terms of the Rules. Questioning the inaction of respondents, he preferred present writ petition. 4 4. Learned counsel for the petitioner submits that it would suffice to direct the respondents to consider the application of petitioner claiming for family pension in terms of the Rules. 5. Learned Assistant Government Pleader appearing for respondents would submit that as the eligibility of petitioner has to be ascertained, the respondents would consider the application of petitioner and pass appropriate orders in terms of the Rules. 6. In view of aforesaid submissions, with the consent of both the learned counsel, the Writ Petition is disposed of at the admission stage directing the respondents to consider petitioner’s applications dated 10.10.2017 and 21.11.2024 submitted to respondent Nos.5 and 4 respectively, in terms of petitioner’s eligibility having regard to the Rules and pass appropriate speaking orders within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Secretary, School Education Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur District. ?untu°DiTtr!?t°^®'^°^^^^°°' Department, Mangalagiri, 1. 3. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 4. The Accountant General A and E, Audit Officer, Beside Monorama Hotel, Vijayawada, Andhra Pradesh - 5220002. 5. The Mandal Educational Officer, Mandal Praja Parishad, Anaparthi Mandal, Anaparthi, East Godavari District. 6. The Sub Treasury Officer, Sub Treasury Office, Anaparthi, Anaparthi Mandal, East Godavari District. 7. One CC to Sri T N M Ranga Rao, Advocate [OPUC] 8. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Services - II, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies RAM HIGH COURT DATED:16/06/2025 ORDER 2 h JUN 2025 IS WP.No.13107 of 2025 >»CaitMits«c ^>€£££415 DISPOSING OF THE WP AT THE STAGE ADMISSION WITHOUT COSTS