I % IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 39701 OF 2015 Between: Usha Rani Waring, D/o. V. Pal Mani, Aged about 48 years, Occ: Junior Clerk, O/o. the Senior Divisional Personnel Officer, South Central Railway, Guntur, R/o. Block 1, TA, Maruthi Towers, Ayothdhyanagar, Vijayawada - 520003. ...PETITIONER AND Union of India, Rep. by its General Manager, South Central Railway, Rail Nilayam, Secunderabad. The Chief Personnel Officer, (IR) South Central Railway, Rail Nilayam, Secunderabad. The Additional Divisional Railway Manager, South Central Railway, Rail Nilayam, Vijayawada. The Senior Divisional Personnel Officer, South, Central Railway, Rail Nilayam, Vijayawada. The Work Shop Accounts Officer, Guntupalli Workshop, South Central, Railway, Rayanapadu. The Learned Central Administrative Tribunal, Hyderabad Bench, Rep. by the Registrar, H.A.C.A. Bhavan, Hyderabad. 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 a direction, order or writ more particularly one in the nature of Writ of Certiorari: a. Calling for all the relevant and connected records relating to the order passed in Original Application No. 687 of 2012 dated 63.2015 on the file of the Learned Central Administrative Tribunal, Hyderabad Bench, Hyderabad and set aside the unsustainable; b. Call for all records relating Letter No .A/PN/RYP/420/Pilot, dated 24.2.2010 of the 5 same holding it as th respondent; Memorandum No B/P.227/IV/2010/05/ Vig-Major, dated 23.5.2011 of the 4^'^ Respondent; Memorandum No. SCR/P/BZA/425/P.9/2011/01A/ig-Major/Appeal, dated 18.8.2011 of the 3'^ Respondent; SCR/P.HQ/425(a)DAR/P9/BZA/L)RW/ 81/2011, dated 9.3.2012 of the 2nd Respondent in so far as it accepts the guilt of the petitioner and quash or set aside the same holding them as arbitrary, illegal, unjust, unsustainable and as such vilative of Articles 14 and 16 of the Constitution of India; c. and Memorandum No. Consequently, declare that the petitioner is deemed to be in service on and from the date on which the order of removal has been passed and that petitioner is entitled to all the benefits (monetary and seniority etc) that flow from out of the setting aside the orders impugned herein and grant of the directions sought for herein; d. Direct the Respondents to release the benefit of arrears of salary and allowances and Family Pension due and payable to petitioner in accordance with the relief prayed for hereinabove. I.A. NO: 1 OF 2015(WPMP. I.A. NO: 1 OF 2015(WPMP. NO: 51241 OF 2Q1fi^ 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 suspend the operation of the Letter No.A/PN/RYP/420/P ilot, Dated 24.2.2010 of the 5th Respondent and direct the respondents, release the Family Pension to the petitioner from 01.12.2015 and continue pay her on a month-to-month basis. to Counsel for the Petitioner: SRI GANGA KUMAR CHAKRAVARTULA Counsel for the Respondent Nos.1 to 6; SRI MALLAMPALLI SRINIVAS(CENTRAL GOVT. COUNSEL) The Court made the following; ORDER \’ APHC010355392015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 39701/2015 Between: Usha Rani Waring, Vijayawada ...PETITIONER AND G M Scr Secbad 5 Ors and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.GANGA KUMAR CHAKRAVARTULA Counsel for the Respondent(S): 1.MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL) 2.P BHASKAR 2 % HBKM,J & AHHS.J W.P.No.39701 of 2015 pS The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) f Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.1 to 5. 2. This writ petition was filed questioning the order passed by the Central Administrative Tribunal in O.A.No.687 of 2012, dated 08.06.2015. 3. The petitioner herein is an applicant before the Tribunal, challenged the proceedings of the 2’^’^ respondent dated 09.03.2012 and sought for restoration of family pension with effect from 01.04.2010 and pay with interest @ 10% per annum and continuation of her post as Senior Clerk in the office of the 4*^ respondent in Vijayawada division, as if no penalty was imposed on her and for consequential benefits. 4. We carefully perused the proceedings of the original authority/appellate authority and the impugned revisional order of the 2""^ respondent dated 09.03.2012, wherein, it was observed as under: SOUTH CENTRAL RAILWAY Headquarters Office, Personnel Branch, Secunderabad Dt.9-3-2012 No.SCR/P,HQ/425 (a)DAR/P9/BZA/URW/81/2011 ORDER In exercise of the powers conferred by the provisions of Rule 25 of the Railway Servants (Discipline & Appeal) Rules, 1968, the undersigned in the sapasity of Revising authority has gone through the DAR case file and 3 HBKM,J &AHHS.J ^ W.P.No.39701 of 2015 Revision petition dated 30.9.2011 submitted by Smt. Usha Rani Warino Ex-Sr.Clerk, Sr.DPO/O/BZA against the penalty of Removal from service with effect from 24.5.2011 imposed on her by Sr.DPO/BZA. the Disciplinary Authority under memorandum dated 23.5.2011 and upheld by ADRM/BZA under memorandum dated 18.8.2011 and corrigendum dated 30 9 2011 along with relevant records. The undersigned has carefully gone through the revision petition filed by Smt. Usha Rani waring, ex-Sr.Clerk, Sr.DPO/O/BZA and also Rev.Varaprasad Kota's statement explaining the social problem of a widow for which she was to create records of marriage to avoid threats and harassment of Mr.Joshi. She has to look after mother-in-law. The intention of compassionate appointment is- not to throw the dependents to street. Compassion can be true only when it is really shown to the needy and suffering persons. The undersigned understands the plight of widow, taking help of a male guardian without infringing laws of land. The amount overdrawn through bank has to be recovered through salary. The marriage taken place with Sri Sanjay Kumar Choudhary is a void one. There is no complaint from affected parties namely Sanjay Kumar Choudhary wife Pooja Kumari, Smt Usha Rani Waring has already come on record before Hon’ble Judge, family court at BZA that she had no marital relation and conjugal life with Sanjay Kumar Choudhary. In view of above and Inquiry report the undersigned imposes a major penalty by modifying the penalty of removal from service to reduction to Jr.Cierk in grade pay 1900/- fixing pay at minimum for a period of 8 years having effect on pay and seniority and posted to DRM/GNT division where she will not have social threats from Sri Joshi and can lead peaceful life. The intervening period from the date of removal from service to the date of joining service is treated as "dies-non". Accordingly, the penalty of ‘removal from service’ with effect from 24.5.2011 imposed on Smt.Usha Rani Waring Ex-Sr.Clerk, Sr.DPO/O/BZA by Sr.DPO/BZA, the Disciplinary Authority under memorandum dated 23.5.2011 and upheld by ADRM/BZA under memorandum dated 18.8.2011 and corrigendum dated 30.9.2011 is hereby reduced to that of “reduction to the post of Jr.Cierk in PB 1 ?5200- 20200 with Grade Pay of ?1900/- fixing her pay at the minimum i.e., ?5200/-+ GP ?1900/- for a period of eight years with the effect on pay and seniority on restoration” and posted to DRM/O/GNT division The Intervening period from the date of Removal from service to the date of joining duty is treated as ‘Dies non’. Receipt of this order shall be acknowledged by Smt. Usha Rani or his Waring. 5. The Tribunal also went into the merits of the case and observed that she has taken out stand that she only created impression in the minds of the public as if the marriage was performed by creating a certificate for her social security and in reality no such marriage has taken place. The stand taken by an reasons 4 HBKM.J & AHHS.J W.P.No.39701 of 2015 her in respect of marriage with Sri Sanjay Kumar Choudhary is not at all convincing and the same is far away from the truth. It is a fact that the applicant produced a certificate of marriage under Section 62 of the Act XV of Indian Christian Marriage Act, 1872, wherein, it was mentioned that marriage between the applicant and Sri Sanjay Kumar Choudhary was performed on 31.01.2008 by the Licensee Rev. K.V.Prasad in the presence of P.Krishna Mohan, resident of Vijayawada and K.Ramesh Swamy, resident of Vijayawada and the certificate was attested by the District Registrar, Vijayawada on 05.11.2009. There was also another certificate dated 14.08.2009, which was issued by Rev. K.V.Prasad certifying that the marriage between the applicant and Sri Sanjay Kumar Choudhary was performed by him. The Tribunal, further observed that the applicant in one way produced the certificate of marriage and also non-marriage certificate and drawn the family pension from 01.02.2008 to 6. 31.03.2010. It further observed that the applicant wantonly and willfully 7. suppressed the material fact with regard to her employment in Railway and drawn the dearness relief on her family pension and also suppressed the marriage, as detailed in the above said certificate by submitting fake & false non-marriage certificate. Upon considering all these facts, the Tribunal held that the revisional 5 HBKM,J &AHHS,J W.P.No.39701 of2015 authority rightly passed the order dated 09.03.2012 and as such the OA was dismissed. 8. However, the learned counsel for the petitioner submits that the Tribunal did not deal with the continuation of family pension, having observed that the marriage certificate was a false and fabricated one. 9. On the other hand, the learned Standing Counsel appearing for the respondents submits that considering the conduct of the applicant/writ petitioner herein, the authorities rightly appreciated her conduct, as she claims family pension without relying upon the marriage certificate and for the other purpose of continuation in the service, she takes shelter of the marriage certificate, as detailed above. She cannot blow hot and cold simultaneously and she cannot take self-contradictory situations for the different purposes to claim different benefits for her own service and for the family pension of her husband. In view of the above said facts and circumstances, as the order of the 2"'^ respondent dated 09.03.2012, was assailed before 10. the Tribunal, we see no reason to interfere with the same and as the nd Tribunal also rightly did not interfere with the orders of the 2 respondent dated 09.03.2012, we also take the same view, as taken by the Tribunal and we dispose of the Writ Petition, without showing nd any indulgence with the orders of the 2 respondents dated 6 HBKM.J & AHHS.J W.P.No.39701 of 2015 09.03.2012. However insofar as family pension is concerned, it is always open for the petitioner to make a fresh application before the authorities concerned with all the material by submitting the same within a period of one (1) month from the date of receipt of this order. On receipt of the same, the authorities concerned can consider and dispose of her representation strictly in accordance with law, by giving due opportunity of hearing and the decision shall be taken on its own merits, as expeditiously as possible, preferably, within a period of four (4) months thereafter. Accordingly, the Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. c 11. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR SECTION //TRUE COPY// OFFICER To, The General Manager, South Central Railway, Union of India, Rail Nilayam, Secunderabad. 2. The Chief Personnel Officer, (IR) South Central Railway, Rail Nilayam, Secunderabad. 3. The Additional Divisional Railway Manager, South Central Railway, Rail Nilayam, Vijayawada. 4. The Senior Divisional Personnel Officer, South, Central Railway, Rail Nilayam, Vijayawada. 5. The Work Shop Accounts Officer, Guntupalli Workshop, South Central, Railway, Rayanapadu. 1. 6. The Registrar, Learned Central Administrative Tribunal, Hyderabad Bench, H.A.C.A. Bhavan, Hyderabad. 7. One CC to Sri Ganga Kumar Chakravartula Advocate [OPUC] 8. One CC to Sri Mallampalli Srinivas(Central Govt. Counsel) Advocate [OPUC] 9. One CC to Sri P. Bhaskar, Standing Counsel [OPUC] 10. Three CD Copies. r ssb HIGH COURT DATED:04/03/2025 ORDER 5 21 MAR 2025 WP.No.39701 of 2015 a^ . Current Section . DISPOSING OF THE W.P. WITHOUT COSTS