1 *HIGH COURT OF ANDHRA PRADESH :: AMARAVATI +WRIT PETITION No.10162 of 2021 Between: #Pasala Gangamma and Others ...PETITIONER(S) AND $The State Of Andhra Pradesh and Others ...RESPONDENT(S) JUDGMENT PRONOUNCED ON 07.02.2025 THE HON’BLE DR.JUSTICE K. MANMADHA RAO 1. Whether Reporters of Local newspapers may be allowed to see the Judgments? - Yes - 2. Whether the copies of judgment may be marked to Law Reporters/Journals - Yes - 3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? - Yes - ___________________________________ DR.JUSTICE K. MANMADHA RAO 2 * THE HON’BLE DR.JUSTICE K. MANMADHA RAO +WRIT PETITION No.10162 of 2021 % 07.02.2025 # Between: #Pasala Gangamma and Others ...PETITIONER(S) AND $The State Of Andhra Pradesh and Others ...RESPONDENT(S) ! Counsel for the Petitioner : Sri T.S. N Sudhakar ! Counsel for Respondents: GP for Education Ms. B. V. Aparna Lakshmi <Gist : >Head Note: ? Cases referred: APHC010179202021 IN THE HIGH COURT OF (Special Original Jurisdiction) FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 10162/2021 Between: Pasala Gangamma and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. B V APARNA LAKSHMI The Court made the following: ORDER : This writ petition is filed under Article 226 of the Constitution of India for the following relief: “……to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents not sanction and pension and death cum retiral benefits to the petitioners, as illegal, arbitrary, unjust and contrary to the orders of this Honble court and violative of Articles 14 16 and 21 of Constitution of India and consequentially direct the respondent to the petitioners and pass….” 3 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 10162/2021 Pasala Gangamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): Counsel for the Respondent(S): GP FOR EDUCATION B V APARNA LAKSHMI The Court made the following: petition is filed under Article 226 of the Constitution of India for “……to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents not sanction and releasing the pension and death cum retiral benefits to the petitioners, as illegal, arbitrary, unjust and contrary to the orders of this Honble court and violative of Articles 14 16 and 21 of Constitution of India and consequentially direct the respondents to release the pension and death cum retiral benefits ANDHRA PRADESH [3310] THE HONOURABLE DR JUSTICE K MANMADHA RAO ...PETITIONER(S) ...RESPONDENT(S) petition is filed under Article 226 of the Constitution of India for “……to issue an appropriate writ order or direction more particularly one in the nature releasing the pension and death cum retiral benefits to the petitioners, as illegal, arbitrary, unjust and contrary to the orders of this Honble court and violative of Articles 14 16 and 21 of Constitution of India s to release the pension and death cum retiral benefits 4 The facts of the case are that the 1st petitioner is the wife of deceased employee by name Late Pasala Ramachanraiah, Office Subordinate, ZPH School, Akruthi, Chittoor District in respondents Department. The 2nd and 3rd petitioners are the children of the 1st petitioner. The 1st petitioner husband married one Smt. Subbamma who is the first wife of the deceased employee. In view of no issues with the first wife, he married the 1st petitioner with the consent of first wife in the year 1988. Thereafter, the petitioner blessed with 3 children. The 1st petitioner and the first wife are living together without any disputes. It is stated that the deceased employee while working as office subordinate expired on 10-04-2011. Thereafter, the first wife along with 1st petitioner made a representation to the Respondents requested to release the pension and death-cum-retiral benefits. The Respondents did not consider their request on the ground that the family pension is not admissible to the 2nd wife as married another wife (when one wife is living) and also did not sanction and release the pension and any other pensioner benefits to the 1st wife also. It is further stated that the respondent authorities considered the compassionate appointment to the 1st petitioner’s elder son as per proceedings dated 13-06-2015. It is stated that the elder son of the 1st petitioner given affidavit for no objection for sanctioning of pension and death cum retiral benefits to the petitioner. Later, the 1st wife was expired on 29.08.2016. She has no children's. After expiry of the 1st wife the 1st petitioner made a representation to the Respondents along with relevant documents requested to release the pension and death cum retiral benefits of 5 the petitioners in view of the death of her husband/deceased employee while he was in service. Due to death of first wife the applicant is eligible and entitled for pension and other pensioner benefits. The action of the Respondents not releasing the pension and death cum retiral benefits to the petitioners even though the first wife of deceased employee was expired on 29.08.2016 is highly illegal, arbitrary and contrary to A.P. Revised Pension Rules, 1980 apart from contrary to orders of this Hon'ble Court. Hence, the present writ petition. 3. The Counter affidavit has been filed by the respondent No.3 denying the allegations made in the petition. In the counter, it is further stated that, as per Government norms is in force, the second wife is not entitled to any type of benefits as the deceased Government servant has not taken prior permission from the competent authority to contract second marriage though the first wife is alive. The 1stapplicant while submitting the pension proposals has given an affidavit-cum-declaration duly stating that the applicant (second wife) has absolutely no objection for settling the death benefits and for granting of family pension to the first wife. At the time of death of Government employee, his only daughter and 3rd respondent in the O.A No.2554/2017 has married and living with her husband. Hence she is not entitled for claiming pensionary benefits. In respect of son i.e. 2nd applicant in the said O.A and 2nd son of second wife is also not entitled for any pensionary benefits, since no pensionary benefits were sanctioned to second wife and no share shall not allotted to 6 second wife as per Rules. Hence the legal heirs must submitted the pension proposals in respect of first wife only i.e. P.Subbamma and the pensionary benefits upto death of first wife will be distributed to the legal heir, who produced legal heir certificate from the Hon'ble Court.. Further, as per Revised Pension Rules, 1980 under rule-50 sub cause 11, it is the bounden duty of every Government employee to furnish the details of his family in form-3 and any subsequent change in the family, details should furnish to the Head of the office, and the head of the office, should paste the form in the Service Register. In the present case the deceased employee has not given any relevant information about his family to the Headmaster concerned. Due to this, the present consequences were occurred. It is further stated that the 2nd wife of the deceased employee is not entitled to any benefits as per Government norms in force. The benefits if any due to the deceased Office Subordinate up to the death of 1st wife will be released to the legal heirs, who produce legal heir certificate from the Hon'ble court and this institution is ready to release of the same even today only after receipt of revised proposals from the controlling authority i.e., Headmaster concerned. It is true the applicants were filed one O.A. No.2554/2017. But due to abolition of Tribunal by the Government no orders were passed on that Ο.Α.Νο.2554/2017. Therefore, prayed to dismiss the writ petition. 4. Heard Sri T.S.N. Sudhakar, learned counsel appearing for the petitioner; learned Government Pleader for Education and Ms B.V. Aparna Lakshmi, learned counsel appearing for the respondents. 7 5. On hearing, learned counsel for the petitioners while reiterating the averments made in the petition, requests this Court the writ petition may be allowed. 6. Per contra, learned Government Pleader appearing for the respondents, opposed for allowing the writ petition, and prayed to dismiss the same. 7. Whereas, learned counsel appearing for the respondent No3. While reiterating the contents made in the counter affidavit, submits that, the second wife of the deceased employee is not entitled to any benefits as per Government norms. She further submits that the death benefits of the deceased employee will be released only after producing the relevant documents by the legal heirs of the deceased employee. Moreover the O.A No.2554 of 2017 which was filed before the tribunal, due to abolition of Tribunal by the Government, no orders are passed in the O.A She further submits that since the applicants in the present writ petition have not entitled to any benefits as per rules in force until special provisions, if any provided either by the Government or the Hon’ble Court. Therefore, learned counsel prayed to dismiss the writ petition. 8. On a perusal of the material on record, it is observed that, the Pasala Ramachandraiah, Office Subordinate, ZPHS of Akkurthi, Srikalahasti was expired while in service due to ill health on 10.04.2011. It is further observed that, after death of the office subordinate, immediately, the controlling 8 authority i.e., Head Master concerned has submitted pension proposals to the pension sanctioning authority for further action. After receipt of pension proposals from the 3rd respondent office, appropriate action has been initiated and transmitted the same to the pension issuing authority i.e., District Audit Officer, State Audit, Chittoor with a request that necessary authorization orders may be passed on it at an early date. But the said file has been returned on the ground that the second wife of the deceased employee is not entitled for claiming pensiaonary benefits as per instructions issued in Cir Memo No.11027-B/26/Pen-I/87 Fin & Plg (FW.Pen.I_) Department, dated 20.08.1991 in his letter No.SA 89 dated 20.02.2013. 9. This Court further observed that, after demise of the deceased employee, appointment orders were issued to the elder son of second wife of deceased employee only after getting clarifications from the Standing counsel, APAT, Hyderabad, as per directions issued by the Commissioner, PR&RD, A.P. Vijayawada since as per Civil Service (Conduct) Rules 1964 issued in G.O.Ms.No.168/GA(Ser-A) Department dated 5.3.1990 under Rule 25 “that no Government employee who has a wife living shall contract another marriage without first obtaining permission of the government notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him.” 10. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, as stated by learned counsel for the respondents that the death benefits of the deceased 9 employee will be released only after producing the relevant documents by the legal heirs of the deceased employee, this Court is of the view that, the petitioners are directed to produce the legal heir certificate along with all relevant documents, as required, before the respondents. On receipt of such documents, the respondents are directed to release the pension and death- cum-retiral benefits of the deceased employee, to the petitioners, within a period of four (04) weeks thereafter. 11. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications in the writ petition, shall stand closed. ______________________________ DR. K. MANMADHA RAO, J. Date : 07 -02-2025 Gvl 10 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No:10162 of 2021 Date : 07.02.2025 Gvl