P a g e | 1 APHC010048822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2683 OF 2023 Between: 1. SOMESULA MADHAVI @ G MADHAVI @ KALYANI, D/o. late Venkata Ramana, Aged 47 years, R/o. 11-1-544, A.K.P.Street, Badvel, Kadapa District. ...Petitioner AND 1. THE STATE OF AP, Rep by its Principal Secretary Finance (HR III - Pension) Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Director of Treasuries A P, Andhra Pradesh, Ibrahimpatnam Krishna District. 3. The Director of State Audit A P, Ibrahimpatnam, Krishna District. 4. The Pay and Accounts Officer A P, Ibrahimpatnam, Krishna District. 5. The District Audit Officer, State Audit, State Audit Department, Govt of AP, Kurnool. 6. The Deputy Director, District Treasury Office, Kurnool District. 7. The Assistant Director, District Treasury Office, Kadapa District. 8. The Sub-Treasury Officer, Badvel, Kadapa District. ...Respondents 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 to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the proceedings in Letter S.A (Spl Cell) No. 406 dated 1442-2021 to the extent of imposing condition limiting the family pension upto 09-07-2019 and P a g e | 2 stopping the family pension to the petitioner sanctioned vide PPO.No.POL/KNL/FP/35/2021 (PPO ID.No.15097204) from 10-07-2019 as illegal, arbitrary, unreasonable, and violative of Articles 14, 21 and 300-A of the Constitution of India besides contrary to the observations made by this Hon'ble Court in the order dated 05-03-2021 passed in WP.No.19671 of 2020 and batch and consequently direct the respondents herein to continue to pay the family pension to the petitioner as paid earlier along with arrears of family pension with interest at the rate of 6 percent per annum and 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 to direct the Respondents herein to continue to pay the family pension to the petitioner from 10-07-2019 as paid earlier along with arrears of family pension with interest at the rate of 6% per annum in pursuance to PPO.No.POL/KNL/FP/35/2021 (PPO ID.No.15097204), pending disposal of the writ petition and 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 to vacate the interim order dated 28-02-2023 in I.A No. 1 of 2023 in W.P.No.2683 of 2023 and dismiss the writ petition in the interest of justice IA NO: 3 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 to delete the respondents 2nd, 6th, 7th, and 8th among the arrayed parties in the Writ Petition No. 2683 and pass Counsel for the Petitioner: P DURGA PRASAD Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2683 OF 2023 O R D E R : 1. Heard Sri K.M.R. Bala Prasad, learned counsel representing Sri P.Durga Prasad, learned counsel for petitioner, and Sri K. Varun Shyam Kumar, learned Assistant Government Pleader. 2. The present Writ Petition is filed questioning the order dated 14.12.2021, insofar as petitioner's claim for family pension was restricted up to 09.07.2019, on the ground that petitioner had attained the age of 45 years, pursuant to the amendment made to G.O.Ms.No.315, dated 07.10.2010, by way of G.O.Ms.No.152, Finance (HR.III – Pension) Department, dated 25.11.2019. 3. It is not in dispute that G.O.Ms.No.152, dated 25.11.2019, was the subject matter of challenge before this Court in a batch of writ petitions, i.e., W.P.No.19671 of 2020 and batch. This Court, by a common order dated 05.03.2021, allowed the said writ petitions and set aside the amendments introduced through G.O.Ms.No.152, Finance (HR.III – Pension) Department, dated 25.11.2019. Consequently, respondents were directed to continue payment of family pension to petitioners therein in the manner in which it was being paid prior to the said amendments, together with interest at the rate of 6% per annum on the family pension withheld pursuant thereto. This Court also categorically held that executive instructions cannot override or prevail over statutory rules or statutory rights conferred under rules framed in P a g e | 4 exercise of the power under Article 309 of the Constitution of India. The said order has attained finality. 4. In view of the aforesaid order, respondents could not have relied upon the amendment introduced by G.O.Ms.No.152, dated 25.11.2019, for restricting the petitioner’s entitlement to family pension on the ground that she had attained the age of 45 years as on 09.07.2019. The impugned proceedings, to that extent, are therefore liable to be set aside. 5. In view of the foregoing, the impugned order contained in Letter S.A. (Spl.Cell) No.406, dated 14.12.2021, is hereby set aside. The matter is remitted to the competent authorities to reconsider the case of petitioner for grant of family pension in terms of G.O.Ms.No.315, dated 07.10.2010, without reference to the restriction introduced by G.O.Ms.No.152, dated 25.11.2019, and to pass appropriate orders in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 16.09.2026 SAK P a g e | 5 176 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2683 OF 2023 Date: 16.09.2026 SAK