APHC010417212023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22525/2023 Between: 1. MUTHAVARAPU NIRMALA, W/O. LATE MUTHAVARAPU KRISHNAIAH, HINDU, AGED ABOUT 55 YEARS, R/O. 10/10/3, RAJA STREET, KAVALI TOWN, ET MANDAL, SPSR NETLORE DIST. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, (HR) III - PENSION DEPARTMENT, A P SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DIST. 2. THE DIRECTOR OF TREASURIES, ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DIST. 3. THE DIRECTOR OF STATE AUDIT, ( A P ) IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DIST. 4. THE PAY ET ACCOUNT OFFICER, ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DIST. 5. THE DISTRICT TREASURY OFFICE, NELLORE, SPSR NELLORE DISTRICT. 2 6. THE SUB TREASURY OFFICER, KAVALI, KAVALI TOWN, SPSR NELLORE 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 topleased to issued a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the inaction on the part of the respondents 2 to 5 in sanctioning the pension in favour of petitioner, wife of Late Muthavarapu Krishnaiah, who died as a Head Master MPPE Elementary School, Dubagunta Village, of Kaligiri Mandal SPSR Nellore amounts erroneous, arbitrary and Violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents 2 to 6 to release the pension in favour of petitioner forthwith in the interest of justice and to pass IA NO: 1 OF 2023 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 2 to 6 to release the pension in favour of the petitioner wife of Muthavarapu Krishnaiah, who died as a Head Master MPPE Elementary School, Dubagunta Village of Kaligiri Mandal forthwith pending disposal of the above WP in the interest of justice and to pass IA NO: 2 OF 2023 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 2 to 6 to consider the petitioner's representation dt. 9.9.2023 which was received by the respondents on 12.9.2023 to 15.9.2023 and sanction the pension in the interest of justice and to pass 3 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 receive the counter affidavit copies on record by allowing the leave petition in the interest of justice and to pass IA NO: 2 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 may be pleased to implead the proposed respondent i.e, The Accountant General office of Accountant General No. 27, MG Road, Governor pet, Vijayawada, AP-52002 as respondent in WP.no. 22525/2023 as well as interlocutory applcations in the interest of justice and ti pass Counsel for the Petitioner: 1. T C KRISHNAN Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.22525 of 2023 O R DE R: This writ petition is filed declaring the inaction on the part of the Respondent Nos.2 to 5 in sanctioning the pension to the Petitioner as illegal and arbitrary. 2. The Petitioner is the 2nd wife of Late M. Krishnaiah (herein after referred to as 8deceased9). The deceased had retired as Head Master and thereafter died on 27.04.2008. It is stated that out of wedlock, they were blessed with one son and two girl children. It is further stated that the deceased had earlier married one Lakshmi Narayanamma, R/o. Chinna Annaaluru Village of Kaligiri Mandal. As there are serious health issues to the 1st wife, the deceased married the Petitioner. The 1st wife of the deceased had died on 12.08.2020. As the Petitioner being his second wife had given representation for family pension and as the same was not being considered, this writ petition is filed. 3. Learned counsel for the Petitioner relies on Voter ID Card and Aadhar Card to establish the marriage of the Petitioner with the deceased. 5 4. Learned Government Pleader on instructions submits that the name of the Petitioner is not mentioned in the service records and there is no proof to establish the marriage of the Petitioner with the deceased. 5. As there is a dispute with regard to the status of the Petitioner, this Court is of the opinion that it would not be appropriate for the Court to determine the entitlement of the Petitioner in this writ petition. 6. Therefore, this writ petition is disposed of with the following directions: (i) The Petitioner shall make comprehensive representation to the concerned Respondent-authorities seeking for family pension along with the relevant documents within a period of four (4) weeks from the date of receipt of a copy of this order; (ii) On receipt of the representation of the Petitioner, the Respondent-authorities shall examine the claim of the Petitioner with reference to the documents annexed to the representation establishing her claim as wife of late Muttavarapu Krishnaiah and after enquiry shall pass appropriate orders thereon; 6 (iii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 19.11.2025 KLP