t ■ I 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: 12052 OF 2025 Between: Kola Peddakka@ Sundaramma, W/o. Pedda Chennaiah, Age 66 year, Occ: House Wife, R/o. Yadavalli Village, Dornala Mandal, Prakasam District. Now residing at D.No. 3-12-5/1, Near Luthern Church, Eastern Colony, Sundipenta, Srisailam Mandal, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Director of Treasuries and Accounts, Kurnool, Kurnool District, Andhra Pradesh. 3. The Assistant Treasury Officer, Divisional Sub-Treasury, e-camp, Kurnool, Kurnool District, Andhra Pradesh. 4. The Deputy Director, District Treasury Office, Collectorate, Kurnool, Kurnool District, Andhra Pradesh. 5. The Accountant General, Vijayawada, Andhra Pradesh State. 6. The Deputy Director, Social Welfare Department, Samkshema Bhavan, Near Birla Gate, Kurnool, Kurnool District, Andhra Pradesh. 7. The Tahslidar, Kurnool, Kurnool District, Andhra Pradesh. ...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 issue a order, or a direction or a writ particularly a writ of mandamus declaring the action of the respondents particularly the 6 respondent i.e., the Deputy Director Social Welfare Department, Kurnool in not sanctioning the family pension as illegal, arbitrary and violative of th Articles 14,16 and 21 of the Constitution of India and consequently direct pension as per AP revised pension ruies 1980 to the petitioner in the interest of Justice. lA NO: 1 OF 2025 the respondents to issue the orders sanctioning the family Petition under Section 151 CPC stated in the affidavit filed i may be pleased to direct the 6*'" praying that in the circumstances in support of the writ petition, the High Court respondent to dispose of the sanctioning of the writ petition. representation of the petitioner dated 28-12-2023 for family pension to the petitioner pending disposal of the Counsel for the Petitioner : SRI SALIKITI DEVA KUMAR Counsel for the Respondent Nos.1 & 6 : GP FOR SERVICE-II Counsel for the Respondent No.2 to 5 & 7 : GP FOR SERVICE-I The Court made the following: ORDER APHC010242042025 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: 12052/2025 Between; Kola Peddakka@ Sundaramma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SALIKITI KARUNAKAR Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SOCIAL WELFARE The Court made the following: / / i THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.12052 of 2025 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the action of the respondents particularly the 6*^ respondent i.e., the Deputy Director Social Welfare Department, Kurnool, in not sanctioning the family pension as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to issue the orders sanctioning the family pension as per AP Revised Pension Rules, 1980 to the petitioner in the interest of Justice.” 2. Heard Sri Salikiti Deva Kumar, learned counsel for petitioner and learned Assistant Government Pleaders for Services - I & 11 appearing for respondents. 3. Petitioner claims to be legally wedded wife of late Kola Pedda Chennaiah, who retired from government service as BC Hostel Warden at Kurnool. Upon retiring, he was paid pension until the date of his demise on 09.07.2019. Petitioner had some differences with her husband, therefore, filed M.C. No.4/1981 seeking maintenance, which was allowed and 2 CGR, J WP No, 12052 of 2025 accordingly, she used to be deceased husband. After his demise, family pension. However a claim for family petitioner to approach paid maintenance regularly by petitioner has applied for one Kurati Sugunamma also made pension, the respondents have advised V., , as competent civil court for directions. Resultantly, petitioner preferred necessary O.S. No. 125 of 2020 on the file of learned Junior Civil Judge, Markapur. which came to be decreed vide order dated legally wedded wife and that Sugunamma 12.04.2022, holding that she i: the claim made by Kurati The said decree same has attained finality. Petitioner IS was without any basis, passed in ex parte and the was thereafter submitted sanctioning of family pension representation dated 28.12.2023 for recognizing her to be legally wedded wife of late Kola Pedda Chennaiah, Which is pending Learned counsel for petitioner submits consideration. that as petitioner to approach secured decree in O.S. are now not justified to settle the family pension in her favour on the pretext of a rival claim. respondents have themselves advised competent civil court, petitioner has No. 125 of 2020, therefore. 4. Learned Assistant Government respondents on the other hand submits Pleaders appearing for that decree passed in CGR, J W.P. No. 12052 of 2025 O.s. No. 125 of 2020 is an ex parte, at any rate, as petitioner’s representation is pending, the same will be considered in accordance with law. 5. A perusal of record goes to show that there is a dispute with respect to the entitlement of family pension on account of death of late Kola Pedda Chennaiah, however, as there were two rival claims one by petitioner and another by Kurati Sugunamma, respondents have advised parties to resolve themselves by approaching competent civil court. Accordingly, petitioner filed O.S. No. 125 of 2020, which has been decreed in her favour, though ex parte and attained finality, declared to be legally wedded wife of late Kola Pedda Chennaiah, respondents are bound to consider her case for family pension. Since petitioner has 6. in view of the above, this writ petition is disposed of directing respondents to consider the representation dated 28.12.2023 made by petitioner in the light of the decree passed in O.S. No. 125 of 2020 on the file of learned Principal Junior Civil Judge, Markapur and pass appropriate orders within a period of four weeks in accordance with law. No costs. 4 CGR. J W.P. No. 12052 of 2025 interlocutory applications pending As a sequel, consideration, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANl^GISTRAR SECTION OFFICER //TRUE COPY// To, Secreta^, Social Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Director of Treasuries and Accounts, Kurnool Andhra Pradesh. Kurnool District, 3. The Assistant Treasury Officer, Divisional Sub-Treasury Kurnool, Kurnool District, Andhra Pradesh. Collectorate Kurnool District, Andhra Pradesh. 5. The Accountant General, Vijayawada, Andhra Pradesh State. Net Krip Social Welfare Department, Samkshema Near Birla Gate, Kurnool, Kurnool District, Andhra Pradesh. 7. The Tahslidar, Kurnool, Kurnool District, Andhra e-camp. , Kurnool, Bhavan, Pradesh. 8. One CO to Sri Salikiti Deva Kumar, Advocate [OPUC] 9. Two CCs to GP for Service-ll, High Court of Andhra Pradesh. [OUT] Pradesh. [OUT] 10.TWO CCs to GP for Service-I, High Court of Andhra 11 .Three C.D. Copies. Cnr HIGH COURT DATED:16/06/2025 ORDER WP.No.12052 of 2025 ^0 9 JUL 2025 ifjsl. DISPOSING OF THE W.P. WITHOUT COSTS