APHC010579262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30340/2024 Between: 1. RAMAVAT BUJJAMMA @ BUKKE BUJJAMMA, @ BUKKEBUJJAMMA W/O R. ARJUN NAIK, AGED 52 YRS, R/O D. NO. 42/136-2, NGO COLONY, KADAPA CITY, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRISECY, HOME (POLICE. C) DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRISECY, FINANCE (PENSION-1) DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, DISTRICT MAGISTRATE Y.S.R. KADAPA DISTRICT. 4. THE SUPERINTENDENT OF POLICE, Y.S.R. KADAPA 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 to issue a writ, order or directions, more particularly one in the nature of a writ of mandamus declaring the inaction of the Respondents in not considering the representation/requisition of petitioner submitted vide letter dt. Page 2 of 5 SRS,J W.P.No.30340 of 2024 14.10.2024 to Respondent no. 4 and thereby granting the death benefits, family pension etc., to petitioner upon death of the husband of petitioner as illegal, arbitrary, unjust, and contrary to the Andhra Pradesh Revised Pension Rules, 1980 and violative of fundamental rights under Art 14 and 21 of the Constitution of India apart from being violative of Principles of Natural Justice consequently to grant the death benefits, family pension etc., to petitioner upon death of the husband of petitioner in consideration of the representation dt. 14.10.2024 and pass IA NO: 1 OF 2024 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 pleased to direct the Respondents, more particularly Respondent No. 4 to consider the representation/requisition of petitioner submitted vide letter dt. 14.10.2024 and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following ORDER: The petitioner, claiming to be the wife of the deceased R. Arjun Naik, filed the above writ petition to declare the inaction of the respondents in considering the petitioner’s representation dated 14.10.2024, for grant of death benefits, as illegal and arbitrary. 2. Heard Sri Papudippu Sashidhar Reddy, learned counsel for the petitioner, Sri S. Raju, learned Assistant Government Pleader for Services, for the respondents. 3. Learned counsel for the petitioner would submit that the marriage of the petitioner with deceased R. Arjun Naik was performed on 22.03.2017, as per the caste customs. After the marriage, the deceased addressed letter (Ex.P2) to respondent No.4 along with a self declaration affidavit, dated 15.11.2018, SRS,J W.P.No.30340 of 2024 requesting the authority to enter the name of the petitioner in service record as nominee of the deceased. However, before effecting the change of the petitioner’s name, R. Ajun Naik, died on 28.09.2024. The petitioner made a representation dated 14.10.2024, requesting the authority to grant death benefits, family pension and other benefits of deceased R. Arjun Naik to the petitioner. However, the same was not considered. 4. Learned Assistant Government Pleader for Services submitted the instructions of respondent No.4. 5. A perusal of the instructions would disclose that the first marriage of the deceased was performed with one R. Jayamma on 21.11.1999. The said marriage was dissolved by way of divorce decree, in L.A. Case No.88/1999. Later the deceased married one S. Padma Latha @ Padmavathi and requested the authority to enter her name as his nominee, in the service register. Said Padma Latha died on 28.01.2015. On verification of service register of the deceased, the name of the petitioner was not found either as wife or as nominee. A notice was issued to R. Shreya, D/o late R. Arjun Naik, on 27.12.2024, directing her to submit certain documents. After receipt of the documents, the family pension proposals, based on the eligibility of the persons, will be submitted, to the Accountant General (A & E), A.P., Amaravathi. 6. Before proceeding further, as per the Rules, 47, 48 and 49 of the Andhra Pradesh Revised Pension Rules, 1980, wife or wives in the case of a male Government Servant or unmarried daughters including step daughters posthumous daughters and adopted daughters (whose personnel law permits such adoption) are eligible for sanction of the family pension of the deceased government employee. 7. In the case at hand, as seen from the averments of the affidavit coupled with the instructions, the first marriage of the deceased was dissolved by way SRS,J W.P.No.30340 of 2024 of L.A. Case No.88/1999 and subsequently the deceased married one S. Padma Latha @ Padmavathi, who died, on 28.01.2015. In fact, the authorities, issued notice to R. Shreya, D/o late R. Arjun Naik on 27.12.2024, asking her to submit Family Members Certificate, Death Certificate, Aadhar Card, SBI passbook front page, PAN card, descriptive rolls, Date of Birth Certificate and Death Certificate of Padma Latha @ Padmavathi and a decision, regarding the family pension proposals, will be taken after receipt of necessary documents. 8. Given, the instructions and since a notice was issued to R. Shreya, daughter of the deceased, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondent No.4 to provide an opportunity to the petitioner to submit necessary certificates and there upon take a decision regarding entitlement of the petitioner or any other legal heir of late R. Arjun Naik, for sanction of family pension, strictly as per the rules. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 20.01.2025 IKN SRS,J W.P.No.30340 of 2024 98 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30340 / 2024 Date: 20.01.2025 IKN