IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL | TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4412 OF 2Q2fi :: AMARAVATI Between: Mudragalla Ratna Kumari, W/o Late M. Late K. Rama Rao, aged about 53 Lakshmi Narayana Swamy, D/o years R/o H.No.78-4-30, Flat No 02 Jaya Residency 2 Shyamala Nagar, Gandhipuram 3, Danavaipefa Rajamahendravaram (Urban), East Godavari Andhra Pradesh - 533103. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance (HR III - Pension) Department, Secretariat Guntur District. 2. The Director of Treasuries and Accounts (A.P), 1=' Floor, Nidhi Bhavan Behind APIIC Building IT Park, Mangalagiri, A.P - 522503. 3. The Executive Engineer, Operation Division, APEPDCL Rajamahendravaram (Town) East Godavari District Buildings, Velagapudi .A.P. ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court may or Direction(s) essentially in the nature of declaring the impugned Memo. be pleased to issue a Writ, Order Writ of Mandamus No. FIN02- dated 30.10.2024 issued by received from the 14060/77/2023-D, SEC- DTA(C.No.2241473) the respondent No.2 pursuant to Note Orders respondent No.1 through E- Office File with COMP. No.2241473 and consequential Letter issued by the No.EE/O/RMV-T/JAOADM/JA-4/D respondent No.3 vide Letter No. 1362/24, dated 20.12.2024 declaring the petitioner as ineligible to draw the Family Pension withholding Pension from 12/2024 payable in 01/2025 as illegal, arbitrary ffcmtrary to G O.Ms No. 315 Finance (Pension-1) Department, dated 1)7.40.^010 resulting in violation of Article 14, 21 and 300- A of the Constitution of India and principles of natural justice aside the same. and thereby f consequently set lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondents to pay the family pension to the petitioner w.e.f. December 2024 payable in the month of January 2025 without reference to the impugned Memo. No. FIN02-14060/77/2023- D. SEC- DTA(C.No.2241473), dated 30.10.2024 issued by the respondent No.2. Counsel for the Petitioner: SRI KARNAM RAMESH Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES I Counsel for the Respondent No.3: SRI Y. NAGENDRA representing SRI V.V.SATISH, SC FOR APEPDCL The Court made the following: ORDER \ THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.4412 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: ‘...to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the impugned Memo.No.FIN02- 14060/77/2023-D, SEC-DTA(C.No.2241473), dated 30.10.2024 issued by the respondent No. 2 pursuant to Note Orders received from the respondent No. 1 through E-Office File with COMP.No.2241473 and consequential Letter issued by the respondent No.3 vide Letter No.EE/O/RMV-T/JAOADM/JA-4/D No. 1362/24, dated 20.12.2024 declaring me as ineligible to draw the Family Pension and thereby withholding Pension from 12/2024 payable In 01/2025 as illegal, arbitrary contrary to G.O.Ms.No.315 Finance (Pension-1) Department, dated 07.10.2010 resulting In violation of Articles 14, 21 & 300-A of the Constitution of India, principles of natural justice, consequently set aside the same and may pass any such other Order or Orders... ’ (In verbatim) 2. Heard Sri Karanam Ramesh, learned counsel for the petitioner: learned Assistant Government Pleader for Services-I appearing for respondent Nos.1 and 2; and Sri Y. Nagendra, learned counsel, representing Sri V.V. Satish, learned Standing Counsel for APEPDCL appearing for respondent No.3. 3. The grievance of the petitioner is that, by virtue of the . impugned order bearing Memo.No.FIN02-14060/77/2023-D, SEC- DTA(C.No.2241473), dated 30.10.2024, issued by respondent No.2 in pursuance of the note orders of respondent No.l; and the consequential proceedings of respondent No.3 vide 2 CGR,J W.P.No.4412of2025 Lr.No.EE/0/RMV-T/JA0ADM/JA-4/D.No. 1362/24, dated 20.12.2024 the petitioner was denied the family pension to which she is entitled under G.O.Ms.No.315, Finance (Pension-I) Department, dated 07.10.2010. The petitioner is seeking the release of family pension and the arrears of family pension payable for the period from December 2019 to February 2023, along with interest at the rate of 18% per annum. Sri Y. Nagendra, learned counsel, representing Sri V.V. Satish, learned Standing Counsel for APEPDCL appearing for respondent No.3, on written instructions, submitted that the 4. SEC-DTA(C.No.2241473) Memo.No.FlN02-14060/77/2023-D dated 30.10.2024, is under consideration for withdrawal, and that proposals for payment of family pension to the petitioner are being processed and will be released in due course. Flowever, with regard to the claim of interest on the arrears at 18% per annum, it is submitted that the same is excessive. In view of the aforesaid submissions, and considering that 5. respondent No.3 is contemplating the withdrawal of the impugned memo dated 30.10.2024 and initiating steps to release the family pension and the arrears of family pension to the petitioner, the writ petition is disposed of with a direction to the respondents to take appropriate steps to release the monthly family pension forthwith. V 3 CGR, J W.P.No.4412of2025 claimed by the petitioner of three (3) months from the date of Further, the arrears of family pension as shall be paid within a period receipt of a copy of this order. However, the rate of interest on the . There shall be no order as to arrears is fixed at 6% per annum costs. As a sequel, miscellaneous petitions, pending if any, shall N NAGAWlWtA registrar OFFICER stand closed. Sd./- assistant //TRUE COPY// section To, Pension) Department, State Velagapudi Guntur District. Floor, Nidhi Bhavan The Principal Secretary, Finance (HR 111 - of Andhra Pradesh, Secretariat Buildings 2 The Director of Treasuries and Accounts (A.P), 1 Park, Mangalagiri, A.P - 522503 Operation Division, APEPDCL (Town) East Godavari District, A.P. Ramesh, Advocate [OPUC] 1. Behind APllC Building IT 3. The Executive Engineer, Rajamahendravaram 4 One CC to Sri Karnam 5. OneCCtoSriV.V.Satish,SCforAPEPDCL[OPUCl CCS to GP for Services-!, High Court of Andhra Pradesh. (OUTl 6. Two 7. Three CD Copies. TF / HIGH COURT DATED:09/04/2025 ORDER Current Sectlo* WP.No.4412 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS