APHC010170292019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 7366 OF 2019 Between: Konakalla Mahalakshmi,, W/o. Late Borra Vivekananda Kumar, Late Konakalla Brahmaiah Challapalli Village and Mandal, Krishna District D/o. aged about 47 years, r/o. D.No. 10-276 ...Petitioner AND 1. TheStateofAP, Rep. by Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravathi 2. The State of A P, Rep. by Principal Secretary, Finance and Planning Department, A.P. Secretariat, Velagapudi, Amaravathi, 3. The Director of State Audit, Vijayawada, Krishna District 4. The Superintendent of Police, Machilipatnam, Krishna District Guntur District Guntur District Ibrahimpatnam, Andhra Pradesh, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ of Mandamus, direction vide O.A.No. 170/2019 dated 29.03.2019 the Respondents in rejecting the Application the High Court may be or any other appropriate Writ, order or and declaring the action of made by the Petitioner for grant of family pension of her father Konakalla Brahamaih in the capacity of Widow Depeadent Daughter is illegal, arbitrary, in dated 11.07.2018 of the Finance (Gr.3- Pension-1) D^^ment is not applicable to the Petitioner in violation of the principles of natural justice in violation of Articles 14 and 21 consequently direct the Respondents to sanction the family pension amount. of Memo vie w ■a* , of Constitution of India and lA NO: 1 OF ?niQ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction to the Respondents to praying that in the circumstances stated sanction the family pension amount to the Petitioner of her father Konakalla Brahamaih in the capacity of Widow Dependent Daughter, forthwith petition. pending disposal of the above writ Counsel for the Petitioner: SRI KHADER VALI Counsel for the Respondents: GP FOR SERVICES The Court made the following order: SHAIK l(AP) APHC010170292019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 7366/2019 Between: 1.KONAKALLA MAHALAKSHMI,, W/O.LATE BORRA VIVEKANANDA KUMAR, D/O.LATE KONAKALLA BRAHMAIAH, AGED ABOUT 47 YEARS, R/0. D.N0.10-276, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY PRINCIPAL SECRETARY DEPARTMENT, A.P. SECRETARIAT, BELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT HOME 2.THE STATE OF A P, REP. BY PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT, BELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3.THE DIRECTOR OF STATE AUDIT, ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT 4.THE SUPERINTENDENTOF POLICE, MACHILIPATNAM, KRISHNA DISTRICT ...RESPONDENT(S); 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 toto issue a Writ of Mandamus, or any other appropriate Writ, order or 2 direction vide O.A.No. 170/2019 dated 29.03.2019 and .. o ^ . o ^ . declaring the action of the Respondents in rejecting the Application made by the Petitioner for grant of family pension of her father Konakalla Brahamaih in the capacity of Widow Dependent Daughter is illegal, arbitrary, in vie NO.3402/70/HR.V/2018 dated 11.07.2018 of the Finance (Gr.3- Pension-1) Department is not applicable to the Petitioner in violation of the principles of natural justice in violation of Articles 14 and 21 of Constitution of consequently direct the Respondents to sanction the family pension w of Memo India and amount lA NO: 1 OF 2019 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 grant interim direction to the Respondents to sanction the family pension amount to the Petitioner of her father Konakalla Brahamaih in the capacity of Widow Dependent Daughter, forthwith, pending disposal of the above petition Counsel for the Petitioner: l.khader vali shaik Counsel for the Respondent(S): 1.GP FOR SERVICES I (AP) The Court made the following; writ 3 ORDER\(Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Services-I. 2. This Writ Petition was filed questioning the orders passed by the I erstwhile Andhra Pradesh Administrative Tribunal (APAT) in O.A.No.170 of 2019, dated 29.03.2019, denying family pension to the petitioner herein, who claims the same as a widowed dependent daughter, in view of the death of her father. 3. On the other hand, the learned Assistant Government Pleader for Services-I produced the Circular Memo No.26/I&N/2024, dated 07.11.2024 stating that a widow / divorced either before or after the retirement of the employee, is eligible for family pension, provided the spouse predeceases the pensioner and the sons/daughters referred to in Category-1 above become ineligible for family pension. Accordingly, the widowed/divorced daughter shall become dependent on the employee before or after retirement. He further submits that the case of the petitioner would be considered in the light of the above said Circular Memo dated 07.11.2024. 4. In view of the above said submissions made by both sides, this writ petition is disposed of, directing the respondents to implement the Circular Memo NO.26/I&N/2024, dated 07.11.2024 in respect of the petitioner herein as expeditiously as possible, within a period of three months from the date of 4 receipt of copy of this order, made as part of the Court The Circular record. There shall be memo dated 07.11.2024 shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Principal Secretary, Finance and Planning Department, State of A P, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District 3. The Director of State Audit, Vijayawada, Krishna District 4. The Superintendent of Police, Machilipatnam, Krishna District 5. One CC to SRI. khader vali shaik Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra 7. Three CD Copies GSC Home Department, State of AP, A.P. Andhra Pradesh, Ibrahimpatnam Pradesh [OUT] HIGH COURT DATED:08/07/2025 ORDER WP NO. 7366 OF 2019 a 2 3 SEP 2025 K Co 5? ^^-«^4ijiTent Scctiwj.-^ disposing the wp WITHOUT COSTS