APHC010144822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7422/2025 Between: A Anjali Devi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 CGR, J W.P.No.7422 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 Writ of Mandamus or any other appropriate Writ, Order or Direction to declare the GO.Rt.No.694 dated 29.12.2021 issued by the 1st respondent recovering of an amount of Rs.12.04 lakhs allegedly misappropriated by my deceased husband from his death benefits, is illegal, arbitrary, non-application of mind, mechanical, pervert, misconception of law, null and void, void ab initio, contrary to AP Revised Pension Rules, 1980 and contrary to Articles 14, 21 and 300-A of Constitution of India and consequently SET-ASIDE the same by directing the respondents to pay the remaining death benefits of Rs.12.04 lakhs along with an interest @24percent p.a. reckoning from 01.03.2018 till the date of payment in the interest of justice and pass such other order or orders.…” 2. The petitioner’s husband, while working as MPDO at Vijayapuram Mandal, Chittoor District, died on 08.12.2016 in harness. Due to death, petitioner’s elder daughter was provided compassionate appointment as Junior Assistant vide proceedings in Rc.No.3310/2017/A2, dated 14.09.2017. The petitioner has, thereafter, sought pension and monetary death benefits of her deceased husband. As the same were not considered, petitioner filed W.P.No.16498 of 2021. The said writ petition came to be disposed of, by an order dated 29.10.2021, by holding that respondents were not right in retaining or holding back family pension, death benefits and other retirement benefits payable to the petitioner on account of death of her husband. As no disciplinary proceedings were ever initiated or pending before his death, the 3 CGR, J W.P.No.7422 of 2025 respondents were directed to pay aforesaid amounts with interest at the rate of 6% per annum. As the amounts were not paid within timeframe fixed by this Court, petitioner filed C.C.No.3926 of 2022. Thereafter, the respondents have released an amount Rs.36,49,000/- (Rupees Thirty Six Lakhs and Forty Nine Thousand) out of Rs.48,54,000/- (Rupees Forty Eight Lakhs and Fifty Four Thousand) and still an amount of Rs.12,04,000/- (Rupees Twelve Lakhs and Four Thousand) is yet to be released. Pending contempt case, the petitioner has been informed through memo dated 12.03.2025 that the Government has issued G.O.Rt.No.694, Panchayat Raj and Rural Development (VIG.V) Department, dated 29.12.2021, by which, while dropping all further action as against petitioner’s deceased husband, proposed to recover 50% of misappropriated amount i.e., Rs.20,73,299/- (Rupees Twenty Lakhs, Seventy Three Thousand and Two Hundred Ninety Nine) by exercising the powers conferred under Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980, (hereinafter “the Rules”) hence, balance amount has been retained. Assailing the same, petitioner filed present writ petition. 3. Heard Sri J.V.Phaniduth, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 4 CGR, J W.P.No.7422 of 2025 4. Learned counsel for the petitioner submits that the Coordinate Bench of this Court in petitioner’s own case in W.P.No.16498 of 2021, by following judgment of the Division Bench of this Court in Principal Secretary to Government, Agriculture and Co.op Dept., Government of A.P. and others v. Ahmed Begum and others1, has clearly laid down that since petitioner’s husband died in December, 2016 itself, all proceedings which were referred to and relied upon by respondents being much after death, no recovery could be affected against petitioner. He further contended that G.O.Rt.No.694 dated 29.12.2021, merely fixes liability on deceased husband, not preceded by any charge memo or inquiry in terms of APCCS Rules. Therefore, respondents are not justified in withholding any further amounts, which are admitted and payable. 5. Opposing aforesaid submissions, learned Assistant Government Pleader, while placing on record written instructions, submits that proposed recovery is in terms of Rule 9 of the AP Pension Rules, 1980, which provides that in case the Government is satisfied that there is pecuniary loss caused, it is always entitle to recover the same. 6. Perused the record and considered the rival submissions. 7. The question as to whether respondents are entitled to recover or deduct any amount from the pension or retirement 1 2001 (2) ALD 85 (DB) 5 CGR, J W.P.No.7422 of 2025 benefits of an employee after death, without there being any disciplinary proceedings pending against him, came to be considered and decided by this Court in Ahmed Begum’s case (supra 1), The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, A.P., Hyderabad and another v. Smt M.Veeramma2 and W.P.No.16498 of 2021, dated 29.10.2021. This issue is no more res integra and in petitioner’s own case this Court has already held that respondents are not entitled to recover any amount from petitioner and on the other hand, specifically directed them to release all amounts relating to family pension, gratuity and other retirement benefits. 8. Submission of learned Assistant Government Pleader is that in view of Rule 9 of the Rules that the Government is entitled to retain or recover amount from person who died, even without there being proper inquiry is no basis. Even Rule 9 of the Rules, which is referred to, does not empower the Government to recover any amount. Rule 9 (7) of the Rules only contemplates that the Government, in case, if finds that there is pecuniary loss due to negligence of Government servant while he was in service, it can recover the same, but not from a person who is no more. 9. In this view of the matter, the Writ Petition stands allowed by setting aside G.O.Rt.No.694, Panchayat Raj and Rural Development 2 2017 (6) ALD 726 (DB) 6 CGR, J W.P.No.7422 of 2025 (VIG.V) Department, dated 29.12.2021, issued by 1st respondent with further direction to release the balance amount of Rs.12,04,000/- (Rupees Twelve Lakhs and Four Thousand), which is withheld, along with interest at the rate of 6% per annum from 01.03.2018, as directed by this Court in W.P.No.16498 of 2021 and the amount shall be released within a period of eight (08) 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. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 04.04.2025 KBN 7 CGR, J W.P.No.7422 of 2025 132 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7422/2025 Date: 04.04.2025 KBN