APHC010466782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24878/2023 Between: 1. M VIJAYA LAKSHMI, W/O LATE M V RAMANA MURTHY, AGED ABOUT 65 YEARS, R/O D.NO.157, YSR COLONY, THUNUGUNTA VILLAGE, ANANTHAPURAM MANDAL AND DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF INDUSTRIES AND COMMERCE, VELAGAPUDI, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVT., PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM DISTRICT. 2 4. THE DISTRICT INDUSTRIES OFFICER, DISTRICT INDUSTRIES CENTRE, ANANTHAPURAM. 5. THE DISTRICT PANCHAYAT OFFICER, PANCHAYAT RAJ DEPT, ANANTHAPURAM. 6. THE MPDO, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. 7. THE MPDO, PENUGONDA MANDAL, DHARMAVARAM, ANANTHAPURAM 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 tomay be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents No. 3, 5 to 7 in not sending/ sanctioning service benefits including pensionary benefits entitled by the petitioner after the death of her husband, after his acquittal in Crl.A.No.1407/2006, dt.28-03-2022 is arbitrary, illegal and in violation of Article 14, 16 and 21 of the Constitution of India, and to issue a consequential direction to the respondents No. 3 and 5 to 7 to settle and pay all service benefits including the pension and pensionary benefits to the petitioner with interest @ 12 percent per annum and to pass such 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 may be pleased to direct the respondents 3 and 5 to 7 to sanction all service benefits including the pension and pensionary benefits of the deceased husband of the petitioner to the petitioner forthwith and to pass such 3 Counsel for the Petitioner: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24878 of 2023 O R DE R: The present writ petition is filed questioning the action of the Respondents in not sanctioning the Terminal Benefits of the husband of the Petitioner as illegal and arbitrary. 2. The Petitioner is the wife of Late M.V Ramana Murthy (herein after referred as “deceased”). The deceased was initially appointed as Junior Assistant on 24.05.1985 and posted to District Industrial Centre (Growth Centre), Ananthapuramu and subsequently transferred to District Industrial Centre, Ananthapuramu. While so, the deceased was made an accused in a Criminal Case registered in Cr.No.6/ACB-ATP/1999 pursuant to a trap conducted by the ACB and a case in C.C. No.23 of 2001 was filed in Additional Special Judge, SPE & ACB Cases, City Civil Court, Hyderabad. 3. After thorough trial, the Additional Special Judge, SPE & ACB Cases, City Civil Court, Hyderabad vide its Judgment dated 03.10.2006 held the deceased guilty and convicted him to undergo sentence of Rigorous Imprisonment for one year and to 5 pay a fine of Rs.200/-; in default to undergo Simple Imprisonment for a period of one month. Aggrieved by the same, the deceased filed Criminal Appeal No.1407 of 2006 before this Court. 4. During the pendency of the appeal, the deceased was dismissed from service due to conviction and sentence imposed in Criminal Appeal by the disciplinary authority in exercise of power under Rule 25(1) of APCS (CCA) Rules, 1991 vide proceedings dated 20.01.2007. While so, the Criminal Appeal was allowed by this Court vide judgment dated 28.03.2022 and the conviction and sentence recorded against the deceased was set aside. 5. After acquittal in the Criminal Case, the Petitioner submitted representations to Respondent Nos.3 & 4 requesting sanction of Family Pension and Terminal Benefits being the wife of the deceased. As no further steps have been taken, the present writ petition is filed. 6. Heard Sri A. Rajendra Babu, learned counsel for the Petitioner and learned Assistant Government Pleader for Services-I. 6 7. Learned Assistant Government Pleader submits that due to non availability of Service Register of the deceased, the Family Pension and Terminal Benefits of the deceased could not be settled. It is further stated that Collector and District Magistrate of Ananthapuramu vide letter dated 01.10.2025 had addressed to District Industries Officer, Ananthapuramu instructed to send a responsible person to the District Treasury Office and get the details from the Treasuries Department available in Fly Leaf Register and also instructed to re-verify the records thoroughly and to cooperate the District Panchayat Officer in reconstruction of the service register of the deceased and report compliance. 8. It is further stated by the Learned Assistant Government Pleader that the District Industries Officer, District Industries Center, Ananthapuramu in its letter dated 04.11.2025 addressed to the Deputy Director, District Treasury Office, Ananthapuramu stated that Sri Rajasekhar Reddy, Assistant Director (DDO) has been appointed for collecting the data for reconstruction of the service register of the deceased. 9. Learned Assistant Government Pleader submits that since the service register of the deceased is reconstructed, the 7 Respondent-Authorities will sanction the Family Pension as well as the Terminal Benefits of the deceased to the Petitioner. 10. Considering the submissions made and as there is no dispute regarding the status of the Petitioner as wife of the deceased, the writ petition is disposed of with the following directions: (i) The Respondents shall process and sanction the Family Pension and Terminal Benefits to the Petitioner as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order. (ii) In the Interregnum, the Respondents are directed to sanction Family Pension to the Petitioner forthwith so as to enable her to lead a dignified life. (iii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 20.11.2025 KLP