IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 4413 OF 20?^ Between: Ankareddy Hanumavalhi, D/o Late B, Satyanarayana Aged about 56 years W/o Late AV Satyanarayana Murthy R/o H.No. 82-21-8/10, Flat No.SOs’ Nanddha Apartments AVA Road, Rajamahendravaram (Urban) Anavaipeta’ East Godavari District, A.P - 533 103. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary (HR III - Pension) Department Secretariat Buildings, Velagapudi District. Finance i Guntur 2. The Director of Treasuries and Accounts p . . . • ■ (A.P), 1st Floor, Nidhi Bhavan Behind APIIC Building IT Park, Mangalagiri, A.P - 522503. 3. The Executive Engineer, Operation Z. Rajamahendravaram (Town) East Godavari District Division A.P. ...RESPONDENTS India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to may be pleased to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus Memo. No. FINo2-14060/77/2023-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- No.2241473 and consequential Letter issued by the respondent No.3 vide APEPDCL Petition under Article 226 of the Constitution of declaring the impugned Office File with COMP. Letter No.EE/O/RMV-T/JAOADM/JA-4/DNo. 1362/24 dated 20.12.2024 declaring the petitioner 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 ’ resulting in violation of Article 14, 21 and 300- A of the ' -V Cohstifution of India and principles of natural justice, consequently set aside the same. lA 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 direct the respondents to pay the arrears of family pension to the petitioner which was unpaid during the period from December 2019 to February 2023 at the rate of 18% interest per annum. 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.4413 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, Orderor Direction(s) essentiallyin 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 and 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 ■'"v . w 2 CGR, J W.P.No.4413 of 2025 Lr.No.EE/O/RMV-T/JAOADM/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-1) 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 SEC-DTA(C.No.2241473), 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. However, with regard to the claim of interest on the arrears at 18% per annum, it is 4. Memo.No.FIN02-14060/77/2023-D, submitted that the same is excessive. In view of the aforesaid submissions, and considering that 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. 5. 3 CGR, J W.P.No.4413of2025 Further, the arrears of family pension as claimed by the petitioner shall be paid within a period of three (3) months from the date of receipt of a copy of this order. However, the rate of interest on the arrears is fixed at 6% per annum. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SOI- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Finance (HR III - Pension) Department Secretariat Buildings, Velagapudi Guntur District. 2. The Director of Treasuries and Accounts (A.P), 1st Floor, Nidhi Bhavan, Behind APIIC Building IT Park, Mangalagiri, A.P - 522503. Executive Engineer, Operation Division, APEPDCL Rajamahendravaram (Town) East Godavari District, A.P. 4. One CC to Sri Karnam Ramesh Advocate [OPUC] 5. One CC to Sri V V Satish, SC for APEPDCL, Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies 3. The TF HIGH COURT DATED:09/04/2025 ORDER WP.No.4413 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS