IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27535 OF 2021 Between: Madda Suseela, D/o Madda Daniel Simham Aged about 49 years, Housewife R/o D.No. 19/558, Circarthota, Chilakalapudi(Rural) Machilipatnam-521002, Krishna Dist, AP. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary Finance (HR III - Pension) Department Secretariat Buildings, Velagapudi Guntur District. The Machilipatnam Municipal Corporation, Rep by its Commissioner Machilipatnam, Krishna District. 2. ...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 Writ, Order or; Pirection(s) essentially in the nature of Writ of Mandamus declaring the G.O.Ms No.152 Finance (HR-Ill - Pension) Department, dated 25.11.2019 in so far as amendment made to G.O.Ms No.315 Finance (Pension-1) Department, dated 07.10.2010 under Para No.5 of the said G.O prescribing the eligibility to receive family pension up to the date of their children becoming majors and up to 45 years w.e.f issuance of G.O.Ms No.315 Finance (Pension-I) Department 07.10.2010 and consequential proceedings of the respondent No.2 made vide endorsement in Roc No. 4413/2021/B6, darted 28.08.2021 dated as illegal, arbitrary, capricious, whimsical resulting in violation of Article 14, 21 and 300-A of the Constitution of India and consequently set aside the G.O.Ms No. .152 Finance (HR-Ill - Pension) Department, dated 25.11.2019 said in so far as amendment made to G.O.Ms No.315 Finance (Pension-1) Department, dated 07.10.2010 under Para No.5 of the said G.O the eligibility to receive family pension up to the date of their children becoming majors and up to 45 years w.e.f issuance of G.O.Ms No.315 Finance (Pension-1) Department, dated 07.10.2010 and aside the proceedings of the respondent No.2 made vide endorsement Roc No. 4413/2021/B6, dated 28.08.2021 and direct the respondent No.2 to sanction and pay the family pension from the date of application i.e. on 24.08.2021 with interest @ 6 percent per prescribing consequently set in annum. lA NO: 1 OF 2021 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 direct the respondents to re-consider the petitioner's application dated 24.08.2021 without reference to proceedings of respondent No.2 made vide endorsement in Roc No. 4413/2021/B6, dated 28.08.2021 in terms of judgment of this Hon'ble Court in W.P No.19671/2020 and and batch dated 05.03.2021. Counsel for the Petitioner: SRI KARNAM RAMESH Counsel for the Respondent No. 1: GP FOR SERVICES I Counsel for the Respondent No. 2; M/S SIREESHA RANI VALLABHANENI SC FOR MUNCIPALITIES The Court made the following order: 1 w ■0M APHC010455952021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] u THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27535/2021 Between: 1.MADDA SUSEELA, D/0 MADDA DANIEL SIMHAM AGED ABOUT 49 YEARS, HOUSEWIFE R/0 D.NO.19/558, CIRCARTHOTA, CHILAKALAPUDI(RURAL) MACHILIPATNAM-521002, KRISHNA DIST, AP. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL PENSION) DEPARTMENT SECRETARY FINANCE (HR III SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2.THE MACHILIPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER MACHILIPATNAM, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.KARNAM RAMESH Counsel for the Respondent(S): 1.D KASIM SAHEB 2.GP FOR SERVICES I 3. K SREEDHARA MURTHY (SC for Municipalities and Municipal Corporation services) The Court made the following: 2 - ORDER: Heard Sri Karnam Ramesh, learned Counsel for the Writ Petitioner online, Sri S. Raju, learned Assistant Government Pleader for appearing Services-I and Sri K. Sreedhar Murthy, learned Standing Counsel for Municipalities and Municipal Corporation. The prayer sought in the present Writ Petition is as under; “It is prayed that this Hon’ble High Court may be pleased to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the G.O.Ms.No.152 Finance (HR-lll- Pension) Department, dated 25.11.2019 in so far as amendment made to (Pension-I) Department, dated 07.10.2010 under Para No.5 of the said G.O prescribing the eligibility to receive family pension up to the date of their children becoming majors and up to 45 years w.e.f issuance of G.O.Ms.No.315 Finance (Pension-1) Department, dated 07.10.2010 and consequential proceedings of the respondent No.2 made vide endorsement in Roc NO.4413/2021/B6, dated 28.08.2021 as illegal, arbitrary, capricious, whimsical resulting in violation of Article 14, 21 and 300-A of the Constitution of India and consequently set aside the said G.O.Ms.No.152 Finance (HR-Ill Pension) Department 25.11.2019 in so far as amendment made to G.O. Ms.No.315 Finance (Pension-1) Department, dated 07.10.2010 under Para No.5 of the said G.O prescribing the eligibility to receive family pension up to the date of their children becoming majors and up to 45 years w.e.f issuance of G.O.Ms.No. 315 Finance (Pension-1) Department, dated 07.10.2010 and consequently set aside the proceedings of the respondent No.2 made vide endorsement in Roc No.4413/2021/B6, dated 28.08.2021 and direct the respondent No.2 to sanction and pay the family pension from the date of application i.e. on 24.08.2021 with interest @ 6 percent per annum and may pass any such other Order or Orders as this Hon’ble High Court may deem fit, proper and necessary in the circumstances of the case.’’ 2. Finance G.O.Ms.No.315 dated Submissions of the Writ Petitioned: Counsel for the Writ Petitioner would submit that the Writ Learned Petitioner is a divorcee and therefore, would fall under the class of Dependant of a Government Employee; that the mother of the Writ Petitioner - one Smt. R. Kanthe worked as a teacher in the Municipal School and died on that the Writ Petitioner herein has submitted an Application on 3. 30.10.2020; 24.08.2021 seeking family pension; that vide Order dated 28.08.2021 (impugned herein), the Respondent Authorities have issued Endorsement bearing Roc.No.4413/2021/B6 rejecting the Application on the ground that the case of the Writ Petitioner is squarely covered by G.O.Ms.No.152 dated 25.11.2019 because the Writ Petitioner has crossed the age of 45 years, would submit that the Official Learned Counsel for the Writ Petitioner Respondents ought not to have passed the impugned Endorsement dated effect of G.O.Ms.No.152 dated 25.11.2019 28.08.2021 by applying the G.O.Ms.No.152 has been set-aside by the learned inasmuch as the said Single Judge of this Court on 05.03.2021 in W.P.No.19671 of 2020 and batch. It is also submitted that in the Writ Appeal filed by the Government challenging learned Single Judge of this Court dated 05.03.2021 in the Order of the W.P.No. 19671 of 2020 and batch, the Division Bench has not stayed the Order of the learned Single Judge. Learned Counsel for the Writ Petitioner of this Court through the impugned Endorsement has drawn the attention dated 28.08.2021, G.O.Ms.No.315 Finance (Pension-1) Department dated (Ex.P.4) and G.O.Ms.No.152 Finance (HR Pension) Learned Counsel for the Writ 07.10.2010 Department dated 25.11.2019 (Ex.P.3), this Court through the document filed by the Respondent Counter Affidavit, particularly. Memo No.245804/Fin/HR.Ill- Petitioner has taken along with the Pen.GPF/2021, dated 17.12.2021 which is to the following effect; “5 Keeping in view of the gravity of the case, as ordered by the Hon'ble High Court in its Common order dated 05.03 2021 and also keeping in view of the orders passed by the Hon'ble Division Bench in Writ Appeal filed by the Government, there is no option other than to 4 comply with the orders dt 5.3.2021 and Orders in W.ANo dt. 8.11.2021. After careful examination of the circumstances stated above, Government hereby order the Director of Treasuries and Accounts (D.T.A), to release the family pension to the family pensioners in this category for November, 2021 immediately to avoid hardship to the said family pensioners and calculate the arrears accrued from the day of stoppage up to the month of October 2021 to each petitioner (family pensioner) and arrears along with 6% interest as ordered by the Hon'ble High Court will be payable in 6 equal instalments along with the regular monthly pension from month of December 2021 onwards. Accordingly, the Director of Treasuries and Accounts is directed to issue necessary instructions to the concerned for release of payment of family pension under category-ll as stated above and take necessary precautions to avoid erroneous payments.” 6. 7. Learned Counsel for the Writ Petitioner would submit that G.O.Ms.No.152 dated 25.11.2019 (Ex.P.3) was issued as a partial modification of G.O.Ms.No.315 dated 07.10.2010 (Ex.P.4). The entitlement of the Writ Petitioner for family pension under Category-ll of G.O.Ms.No.315 had been upheld by the learned Single Judge of this Court by quashing G.O.Ms.No.152 dated 25.11.2019. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the issues framed by the learned Single Judge, which are as under: “(1) Whether the executive instructions will prevail over the statutory rules? If so, whether the disability created by paragraph No.5 of G.O.Ms.No.152 Finance (HR.Ill - Pension) Department dated 25.11.2019 to claim family pension by the widowed daughter/divorced daughter is legal? If not, liable to be set aside? (2) Whether the State is entitled to deny the family pension to the widowed daughter/divorced daughter, who are entitled to claim pension under Rule 50, Category II of the Andhra Pradesh Revised Pension Rules, 1980 by issuing G.O.Ms.No.152 Finance (HR.Ill- Pension) Department dated 25.11.2019? If so, whether such restrictions would amount to violation of fundamental right guaranteed under Article 14 and 21 4. 5 of the Constitution of India and the Constitutional right guaranteed under Article 300-A of the Constitution of India, so also human right of a citizen under Article 25 (1) of the Universal Declaration of Human Rights? (3) Whether the discrimination of widowed daughter/divorced daughter who did not attain the age of 45 years and the persons who attained age of 45 years is based on any rationale and intelligible differentia and if not, whether such discrimination is hit by Article 14 of the Constitution of India and the G.O.Ms.No.152 Finance (HR.lll - Pension) Department dated 25.11.2019 is liable to be set aside?” Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to the findings rendered by the learned Single Judge. The learned Single Judge of this Court, having considered the above issues, held that the Andhra Pradesh Revised Pension Rules, 1980, particularly Rule 50 was not amended by the State Legislature. The learned Single Judge has further held that in the name of clarifications, the executive has included an amendment to Rule and therefore, it is neither a clarification nor an amendment to the Andhra Pradesh Revised Pension Rules. It is further held that the said 5. executive, in utmost haste, appears to have passed such serendipitous impugned Government Order even without examining the impact on the family pensioners, more particularly, divorced daughter/widowed daughters of the deceased Government Servants and its consequences. It is further held that the said executive did not examine the rationale behind such classification Therefore, it was held that the executive while issuing such instructions, instructions in the impugned G.O.Ms.No.152 Finance (HR.lll - Pension) Department dated 25.11.2019 is violative of Articles 14, 21 and 300A of the Constitution of India. The operative portion of the Order of the learned Single of this Court dated 05.03.2021 in W.P.No.19671 of 2020 and batch (Ex.P.5) is usefully extracted hereunder: 6 “In the result, the writ petitions are allowed setting aside the G.O.Ms.No. 152 Finance (HR.III - Pension) Department dated 25.11.2019 making it clear that the respondents shall continue to pay the family pension to the petitioners as paid to them earlier. Further, the State Government/respondents are directed to pay the arrears of family pension to the petitioners with interest at the rate of 6% per annum, from the day on which the family pension was stopped to them, within two (2) months from today. No costs.” Flaving considered the above ratio, this Court is of the opinion that Memo.No.1074035/FIN01-HR0MISC/3/2020-HR-lll, dated 17.08.2020 is unsustainable in law in view of the Order passed by the learned Single Judge of this Court dated 05.03.2021 in W.P.No.19671 of 2020 and batch. In the light of the Order passed by the learned Single Judge of this Court dated 05.03.2021 in W.P.No.19671 of 2020 and batch and also the Memo No.245804/Fin/HR.Ill-Pen.GPF/2021, dated 17.12.2021, there shall be a direction to the Official Respondents to pay the family pension under Category-11 to the Writ Petitioner within four weeks from today. The arrears of family pension that is due to the Writ Petitioner from 30.10.2020 shall be calculated by the Government and be paid within a period of 12 weeks from today. 6. With the above observations and directions, this Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. 8. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Finance (HR III - Pension) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 2. The Commissioner, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District. T 3. One CC to Sri Karnam Ramesh Advocate [OPUC] One CC to K SREEDHARA MURTHY, SC for Muncipalities [OPUC] 4. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 5. k Three CD Copies 6. GSC (gsg) HIGH COURT DATED:05/06/2025 ORDER WP.No.27535 of 2021 2 0 JUN 2025 4£?spatch^(^ /far mn TO allowing the wp WITHOUT COSTS