APHC010562162022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34302/2022 Between: 1. BEJJNKI VIJAYA LAKSHMI, W/O. LATE BHASKARA RAO AGED 66 YEARS, R/O. KOPPAKA VILLAGE PEDAVEGI MANDAL, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE DIRECTOR, SCHOOL EDUCATION GOVERNMENT OF ANDHRA PRADESH VIJAYAWADA. 3. THE ACCOUNTANT GENERAL, 27 MG ROAD, GOVERNOR PETA, VIJAYAWADA, ANDHRA PRADCSH. 4. THE DISTRICT EDUCATIONAL OFFICER, PALANADU DISTRICT, NARASARAOPETA 5. THE HEAD MASTER, ZPHS PEDAKODAMAGUNDLA PEDAKODAMAGUNDLA VIILAGE, KAREMPUDI MANDAL PALANADU 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 toto issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not sanction and releasing family pension to the petitioner in respect of her late husband Bejjanki Bhaskar Rao, who worked as Drawing Teacher and died on 16.09.2019 as illegal, arbitrary, irresponsible, against to the principles of 2 natural justice, contrary to Rule No. 50 of Andhra Pradesh Revised Pension Rules apart from being violative of Article 21 of the Constitution of India and consequentially direct the respondents to sanction and release family pension to the petitioner in respect of her husband Sri Bejjanki Bhaskara Rao along with interest at the rate of 18 percentage per annum in the interest of justice and pass IA NO: 1 OF 2022 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 family pension of the petitioner in respect of her late husband Sri Bejjanki Bhaskara Rao by considering Legal Notices got issued by the pettitioner pending disposal of the above Writ Petition in the interest of justice 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 grant leave for filing counter affidavit in the above Writ Petition No. 34302 of 2022 Counsel for the Petitioner: 1. NANDA KISHORE KONDURI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. K SWARNA SESHU The Court made the following: ORDER: Heard Sri Nanda Kishore Konduri, learned counsel for the petitioner, learned Government Pleader for School Education appearing for the 1st, 2nd, 4th and 5th respondents and Ms. K.Swarna Seshu, learned Standing Counsel for the 3rd respondent. 3 2. The petitioner, claiming to be the legally wedded wife of the deceased Sri Bejjanki Bhaskar Rao, who was working as a teacher at the 5th respondent school, retired from service in 2001. The said Sri Bejjanki Bhaskar Rao died on 16.09.2019. The petitioner claims that she is the legally wedded wife of the deceased and sought payment of pensionary benefits. During his lifetime, late Bejjanki Bhaskar Rao filed O.P.No.163 of 1985 on the file of Principal Junior Civil Judge, Narasaraopeta, for dissolution of marriage. However, the same was dismissed. After coming to know that the name of the petitioner was not included in the Service Register as one of the family members, the petitioner filed O.S.No.289 of 2008 on the file of I Additional Junior Civil Judge, Eluru, against her husband, late Sri Bejjanki Bhaskar Rao and the Office of Accountant General (A&E). It is stated that the said suit was decreed vide Judgment and Decree dated 10.03.2011. Despite the same, the petitioner's name was not included. Thus, she got issued legal notices in terms of Rule 50 of the Andhra Pradesh Revised Pension Rules, 1980. However, the same was not granted. Hence, the present writ petition. 3. The 3rd respondent filed a counter affidavit stating that the deceased Bejjanki Bhaskar Rao, while sending the pension proposals, specifically mentioned in the relevant column of the family members as “no family members”. Since there is no name in the beneficiary column for the grant of family pension, the same was not authorised. It is further stated that the 3rd respondent is not the sanctioning authority; the 5th respondent is the pension sanctioning authority. It is further stated that the 3rd respondent is the 4 only pension authorising authority. The pension sanctioning authority has to take appropriate action in this regard. 4. The 5th respondent filed counter affidavit stating that the petitioner did not submit the relevant documents such as Legal Heir Certificate, Service Register, Family Members Certificate and Succession Certificate. The 3rd respondent has also been informed that as and when the petitioner complies with the relevant documentation, the pension proposals would be submitted to the 5th respondent for verification. 5. Considered the rival submissions. 6. It is not disputed that the O.S.289 of 2008 filed by the petitioner on the file of I Additional Junior Civil Judge, Eluru against her husband late Bejjanki Bhaskar Rao and Office of the Accountant General (A&E) was decreed, directing to include the name of the petitioner as wife and the same appears to have been have become final since none of the respondents have stated that if any appeal is pending against the said decree. 7. Having regard to the same, the petitioner is at liberty to file representation before the 4th respondent enclosing the Certified Copy of the Judgment and Decree in O.S.No.289 of 2008 and Death Certificate of her husband late Sri Bejjanki Bhaskar Rao, for grant of pension in her favour. Upon filing the same, the 4th respondent shall take appropriate steps for processing of the application and pass appropriate orders within three (3) months from the date of receipt of the order. 5 8. With the above observations, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:17.09.2025 ANI 6 262 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.34302 of 2022 Date:17.09.2025 ANI