APHC010612922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 32032/2023 Between: 1. SANKUMALLA PRASAHNA KUMARI,, W/O LATE SANKUMALLA APPARAO, AGE 47 YEARS, RESIDENT OF D. NO. 49-6-24, SUBBARAOPETA, RAJAMAHENDRAVARAM URBAN, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, SECRETARIATE, VELAGAPUDI, AMARAVATHI,'GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT. 3. THE MANDAI EDUCATION OFFICER, MADHAVAPURAM, EAST GODAVARI DISTRICT. 4. THE DIVISIONAL TRESURE OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI 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 or Direction, more particularly one in the 2 nature of Writ of Mandamus, declaring the arbitrary action of the respondent no.3 and 4 in not providing the family pension to the petitioner, (after death of her husband on 15.06.2023).which is arbitrary, against the principles of natural justice and violation of Rule 50 of The Andhra Pradesh Revised Pension Rules, 1980, Articles ,14, and 21 of Constitution of India and consequently direct the respondent no.2 to 4, to provide the Family pension to the petitioner, whose is the legally wedded wife of the deceased and her name is enrolled as a nominee, in the employment records and pass such other order. IA NO: 1 OF 2025 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 grant leave for filing of the Counter Affidavit in W.P.No.32032 of 2023 and pass such other order. IA NO: 2 OF 2025 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 grant special leave permission to submit the rejoinder/reply to the counter of the 4th respondent in delay and pass such other order. Counsel for the Petitioner: 1. BANKA NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.32032 of 2023 ORDER: 1. The present Writ Petition is filed to declare the action of Respondent Nos.3 and 4 in not providing the Family Pension to the Petitioner, as illegal and arbitrary. 2. The Petitioner was married to late Sankumalla Appa Rao in the year 1997 after the death of his first wife. Late Sankumalla Appa Rao had joined the School Education Department on 25.10.1972, worked as Secondary Grade Teacher and retired in the said post on 28.02.2003. Subsequently, Sankumalla Appa Rao died on 15.06.2023 and the Petitioner being the legally wedded wife of late Sankumalla Appa Rao gave representations to the Respondent-authorities for sanction of ‘family pension’ to her. 3. It is stated that late Sankumalla Appa Rao had also mentioned the name of the Petitioner as wife in his Service Register and that there is no reason for not extending the ‘family pension’ to the Petitioner. Hence, the present Writ Petition is filed. 4. In the Counter-Affidavit filed by Respondent No.4, there is no dispute regarding the marriage and the name of the Petitioner in the Service Record as ‘wife’. The substantive defence that was taken is that the husband of the Petitioner i.e. late Sankumalla Appa Rao had submitted representations in writing to the then Assistant Treasury Officer, Rajahmundry informing that 4 the Petitioner was living separately and she had filed a maintenance case against him before the Family Court-cum-IX Additional District and Sessions Court, East Godavari, Rajahmundry vide M.C.No.1 of 2015 for granting maintenance of Rs.15,000/- per month. 5. It is also stated in the Counter-Affidavit that the said maintenance case was dismissed on 31.07.2017 on the ground that the Petitioner and her husband late Sankumalla Appa Rao were living separately and the Petitioner is not entitled for maintenance. On this ground, the claim of the Petitioner was objected by the Respondent-authorities. 6. The learned counsel for the Petitioner submits that as long as the name of the Petitioner is reflected in the Service Records, the Respondent-authorities cannot deny the Family Pension to the Petitioner as she is dependent on the income of late Sankumalla Appa Rao. 7. The learned Assistant Government Pleader submits that the Family Court vide Order dated 31.07.2017 in M.C.No.1 of 2015 had categorically held that the Petitioner is not entitled for maintenance and as the Petitioner was found not entitled even for maintenance, the claim for Family Pension cannot be sustained. 8. Heard Sri Banka Nageswara Rao, learned counsel for the Petitioner and Sri S. Raju, learned Assistant Government Pleader appearing for the Respondents. 5 9. The Petitioner had filed M.C.No.1 of 2015 on the file of the Family Court-cum-IX Additional District and Sessions Judge, East Godavari, Rajamahendravaram against late Sankumalla Appa Rao seeking for monthly maintenance of Rs.15,000/- per month under Section 125 Cr.P.C. The husband of the Petitioner i.e. late Sankumalla Appa Rao had filed Counter- Affidavit in the said maintenance case stating that the Petitioner was separated from him since 16.03.2003 and that the Petitioner had re-married some other person and leading a conjugal life with him. It was further pleaded that the Petitioner was blessed with a son who is aged about 6 years through the marriage with other person. 10. It is further stated that the Petitioner had suppressed these facts in the maintenance application. In the Family Court, the Petitioner examined herself as P.W.1 and got marked Exs.P.1 to P.4 in support of her contentions and the husband of the Petitioner i.e. late Sankumalla Appa Rao had examined himself as R.W.1 and others as R.Ws 2 to 5 and got marked Exs.R.1 to R.5 and Ex.X.1 in support of his contentions. 11. The Family Court made the following points for consideration, which read as under; i) Whether the Petitioner is living in adultery as alleged by the Respondent? ii) Whether the Petitioner and Respondent are living separately by mutual consent? 6 iii) Whether the Petitioner is entitled to maintenance from the Respondent? iv) To what relief? 12. The Trial Court after examining the oral and documentary evidence on record held that the Petitioner is not entitled for maintenance and Paragraphs 23 and 24 thereof are extracted below; “23. In view of the oral and documentary evidence adduced by the respondent clearly established the petitioner living in adultery and admitted the same before the elders vide Ex.R1 and himself and petitioner are living separately by mutual consent, as such, the petitioner is not entitled for maintenance from the respondent. These points are answered accordingly. 24. In the result, the petition is dismissed. No costs.” 13. These findings have attained finality as no further appeal was filed thereon. The Rule 50(5)(i) of the A.P. Revised Pension Rules, 1980 provides for ‘family pension’ to the ‘widow’ or ‘widower’ till the date of death or re-marriage whichever is earlier. The purpose of ‘family pension’ is to provide financial security to the ‘dependent family members’ of the deceased Government employee so as to enable them to lead a dignified life. 14. In this case, the Petitioner, in the light of the findings of the Family Court, can neither be termed to be ‘dependent’ nor member of ‘family’ of late Sankumalla Appa Rao as the Petitioner was living separately from the pensioner since 2003 and living with another person. 7 15. Therefore, this Court does not find any merit in this Writ Petition and hence dismissed. 16. No order as to costs. 17. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 20.11.2025 IS 8 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.32032 of 2023 Date: 20.11.2025 IS