APHC010332232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 16597/2025 Between: 1. UNION OF INDIA, REP. BY THE SECRETARY TO THE GOVT, OF INDIA, MINISTRY OF COMMUNICATION AND IT, DEPARTMENT OF POSTS, NEW DELHI - 110 001 2. THE CHIEF POSTMASTER GENERAL., A.P. CIRCLE, VIJAYAWADA, VIJAYAWADA-520013. 3. THE POSTMASTER GENERAL,, KURNOOL REGION, KURNOOL - 518002. 4. THE GENERAL MANAGER (FINANCE),, VIJAYAWADA - 520 013. ...PETITIONER(S) AND 1. B JAMUNA, D/O LATE. B.J. DEVARAJ AND LATE D.ELISHAMMA AGED 44 YEARS, OCC. UNEMPLOYED/DOMESTIC SERVANT R/O H.NO.6/287, PORTER LINE GUNTAKAL-515501 . 2. THE SUPERINTENDENT OF POST OFFICES, ANANTAPUR DIVISION, ANANTAPUR - 515 001 ...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 issue a writ order or direction, more particularly one in the nature of Writ of Certiorari, calling for the records pertaining to the impugned order dated 26.07.2024 in O.A. no. 676/2022 on the file of Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the order in OA No. 676/2022 dated 26.07.2024 as an error apparent on the face of the record leading to miscarriage of justice and pass -2- W.P. No.16597 OF 2025 Date of order:09.03.2026 IA NO: 1 OF 2025 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 suspend the operation of the orders dated 26.07.2024 in OA No. 676/2022 on the file of the Central Administrative Tribunal, Hyderabad and also daily order dated 06.03.2025 in M.A. no. 93/2025 in O.A. no. 676/2022 where in it was granted 3 months time from the date of filing of the application, subject to payment of costs of Rs. 25,000/- which is to be paid to the pensioner in the interest of justice and pass IA NO: 2 OF 2025 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 modify the order dated 08.07.2025 in WP No. 16597 by granting stay of the order dated 26.07.2024in O.A.No.676 of 2022 on the file of Central Administrative Tribunal, Hyderabad Bench, peding disposal of the above writ, and pass IA NO: 3 OF 2025 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 additional documents filed along with this petition for proper adjudication of the lis and pass IA NO: 1 OF 2026 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 receive additional documents for proper adjudication of the us and pass Counsel for the Petitioner(S): 1. Pasala Ponna Rao, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent(S): 1. BOYA GURUDAS The Court made the following: -3- W.P. No.16597 OF 2025 Date of order:09.03.2026 THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION No:16597 OF 2025 ORDER: (per Hon’ble Sri Justice Subhendu Samanta) 1. The instant writ petition has been preferred against the order dt.26.07.2024 in O.A. No.676 of 2022 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (hereinafter be referred to as „the Hon’ble Tribunal‟). 2. The brief facts of the matter are that father of the respondent namely Mr.B.J.Devaraj worked as Group-D in Postal Stores Depot, Guntakal, retired from service on attaining the age of superannuation on 30.06.1993. Subsequently, he expired on 08.01.2001. After his death, the family pension was granted to his wife Mrs.B.Elishamma who also later died on 09.02.2011. The respondent/applicant is an unmarried daughter of the deceased employee. After the death of her mother, the respondent has submitted her application for family pension. Though her prayer was considered favourably by the Superintendent of Postal Stores Depot, Guntakal, and recommended her case to grant family pension, but the Accounts Officer has rejected her claim by an order dt.13.08.2021. Being aggrieved by the said order, the respondent/ -4- W.P. No.16597 OF 2025 Date of order:09.03.2026 applicant has filed Original Application (hereinafter be referred to as „O.A.‟) before the Hon‟ble Tribunal seeking the following relief: "This Hon'ble Tribunal may be pleased to call for the records pertaining to the order No.C3/FP/BJD dated 13.8.2021 (Annexure-XI) denying family Pension benefits under CCS (Pension) Rules 1972 &2021 and declare the action on the part of the respondents to reject the request of the applicant for family pension as illegal, arbitrary and against the rules and principles of natural justice and in violation of the Articles 14 and 21 of the Constitution of India, and set aside the said illegal orders, with consequential direction to the respondents to grant Family Pension to the applicant and Pass such other order or orders as deemed fit and proper in the facts and circumstances of the case in the interest of Justice." 3. The Hon‟ble Tribunal after hearing the parties, vide impugned order dated 26.07.2024, has allowed the O.A. under the following observation: “9. It is also to be noted that as per the policies issued by the Govt. of India, DoP & PW, unmarried daughters are eligible and entitled for family pension. Even they are entitled for dual pensions considering the sealing limit prescribed by the Govt. Admittedly, the applicant had no other employment when she applied for the pension and noticing the said fact and as she is eligible and entitled being an unmarried daughter, the Superintendent of the Postal Stores Depot, Guntakal, has recommended her case for grant of Family Pension. However, without application of mind, the Accounts Officer has rejected her claim, which is not sustainable in the eyes of law, followed with the policies issued by the Govt. of India, DoP &PW as she is eligible and entitled for the family pension. In view of the same, the order dated 13.08.2021 passed by the respondent No.4 is hereby quashed and set aside. The respondents are directed to pay family pension to the applicant from the date of her application with 6% interest admissible to the GPF, within a period of three (03) months from the date of receipt of the order, failing which 9% interest will be carried forward on the arrears of pension till the date of disbursal of the said amount.” 4. Being aggrieved by the impugned order, the Union of India has preferred the instant writ petition. -5- W.P. No.16597 OF 2025 Date of order:09.03.2026 5. Heard the learned Deputy Solicitor General appearing for the petitioners and the learned counsel appearing for the respondent. Perused the impugned order passed by the Hon‟ble Tribunal in the O.A. 6. The learned Deputy Solicitor General appearing for the petitioners submits that the respondent/ applicant is not at all entitled to get family pension. The respondent/ applicant is not a dependant on her mother as per GID (27) of Rule 54 of the CCS Pension Rules, 1972. He also argued that at the time of death of the employee, the applicant was staying at abroad. For that reason, her prayer was rejected. 7. The learned counsel for the respondent submits that the Hon‟ble Tribunal has correctly decided the issue and quashed the order of the Accounts Officer. 8. Perused the impugned order passed by the Hon‟ble Tribunal. In deciding the issue, it is necessary to set out the relevant paragraph of the GID(27) of Rule 54 of the CCS Pension Rules, 1972. “4. It is clarified that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn, provided he/she is still eligible for family pension when the turn comes. Similarly, family pension to a widowed /divorced daughter is payable, provided she fulfils all eligibility conditions at the time of death / ineligibility of her parents and on the date her turn to receive family pension comes.” -6- W.P. No.16597 OF 2025 Date of order:09.03.2026 9. We have also perused the order impugned in the O.A. dated 13.08.2021 passed by the Accounts Officer. It is very cryptic and it has not assigned any reason whatsoever in terms of Rule 54 of the CCS Pension Rules, 1972 as set in hereinbefore. 10. The eligibility and ineligibility of a family member of the deceased employee has been categorically set out in the Rule itself. But the concerned Accounts Officer without forming any opinion on the basis of the Rule has turned down the prayer of the respondent without any basis. We make it clear that the order, dated 13.08.2021, formulates no reason whatsoever. Any order without any basis of reason itself nullity. The Hon‟ble Tribunal has correctly opined that the order under challenge dated 13.08.2021 is not tenable in the eye of law. For the reasons thereof, we find no justification to entertain the writ petition. 11. Accordingly, the writ petition is dismissed as devoid of merits. No costs. 12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Dated:09.03.2026 BV