APHC010644652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33431/2025 Between: P Nirmala ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. U RAMANJANEYULU Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33431/2025 ORDER: The Writ Petition is filed questioning the action of the Respondents in not releasing the 8Family Pension9 to the Petitioner as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows: The husband of the Petitioner, by name P. Kondaiah (hereinafter referred to as 8the Deceased9), had worked as Junior Assistant under the control of the Office of Superintendent Engineering, Water Resource Officer, retired from service on attaining the age of superannuation in the year 2017 and pension was sanctioned to the deceased on 15.06.2017 and was receiving pension regularly. It is stated that as the first wife of the deceased had died, the deceased had married the Petitioner on 18.01.1989. It is further stated that the children of the first wife as well as the children of the Petitioner through deceased living together in utmost harmony. While so, the deceased had expired on 28.12.2024. Thereafter, the Petitioner gave representation through online grievance cell on 21.04.2025 for release of 8Family Pension9 in favour of the Petitioner. It is further stated that as per the Service Register, the name of the Petitioner is shown as the 8Wife9 of the deceased and inspite of the same, the 8Family Pension9 is not being released. 3 3. Though the case was adjourned for getting instructions by the learned Assistant Government Pleader on 2.12.2025 and 9.12.2025, the learned Assistant Government Pleader is unable to get the instructions from the respondent authorities. 4. Considering that the Petitioner is claiming for Family Pension and is in dire need of financial amounts, the matter is heard on its merits. 5. Learned counsel for the Petitioner submits that as the name of the Petitioner is reflected in the Nomination Form (Annexure-II) and Group Insurance Scheme as well as the retirement benefits as per the Service Register, there is no reason for the Respondents to delay the Family Pension to the Petitioner. The learned counsel specially pointed out to the service record filed along with the writ petition, wherein the name of the Petitioner is shown as 'Wife,' and showed her as 8Nominee9 for the retirement benefits of the deceased. 6. Heard the respective counsel. 7. The Service Register of the deceased shows that the Petitioner is the 8wife9 and also 8nominee9 to receive the lifetime arrears of pension and retirement gratuity to be sanctioned by the Government in the event of death of the Petitioner. In the light of the service record, the delay in granting the relief claimed by the Petitioner cannot be sustained. 4 8. As per 50 (5) of the AP Revision Pension Rules,1980, a widowed wife would be entitled to a 8family pension,9 and the children would be entitled only on certain conditions, which is not the scenario in this particular case. Therefore, the Petitioner is entitled to the relief sought in this Writ Petition. 9. Accordingly, the Writ Petition is disposed of with the following directions: i) The Respondents are directed to examine the representation of the Petitioner dated 21.04.2025 and initiate proceedings for sanction of 8 Family Pension= to the Petitioner from the date of the entitlement of the Petitioner. ii) The said exercise shall be completed within a period of three months from the date of receipt of a copy of this Order. iii) There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________ NYAPATHY VIJAY, J Dated: 23.12.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33431 of 2025 Dated: 23.12.2025 eha