APHC010533462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27639/2025 Between: 1. JUTTIGA INDIRA, JUTTIGA INDIRA, W/O LATE SATYANARAYANA, PPO NO 20-SGC-013688, AGED ABOUT 66 YEARS,R/O PENUGONDA VILLAGE,WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY STATE FINANCE DEPARTMENT.GOVERNMENT OF ANDHRA PRADESH SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. AP. 2. THE DIRECTOR OF STATE AUDIT DEPARTMENT, NIDHI BHAVAN, 2ND FLOOR, AUTO NAGAR IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI - 522503, GUNTUR DISTRICT, ANDHRA PRADESH.. 3. THE ACCOUNTANT GENERAL A AND E, VIJAYAWADA, ANDHA PRADESH. 4. THE AUDIT OFFICER LOCAL FUNDS RELIEF ACCOUNTS, ELURU, ELURU DISTRICT, ANDHRA PRADESH, ...RESPONDENT(S): 2 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 writ order or direction, more particularly one in the nature of Writ of Mandamus to declare action of the respondents in not sanctioning and paying the family pension and arrears is illegal, arbitrary, unreasonable, unconstitutional and it amounts to violation of Articles 14, 31 and 300A of the Constitution of India, and direct the respondents to sanction and pay family pension along with arrears in terms of the Hon’ble Supreme court Judgment in case of L. Mehrotra and Ors. Vs State of U.P and Ors., 2002 SCC (L and S) 278 and to pass such other order. 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 to direct the respondents to sanction and release the family pension forthwith and to pass such other order. Counsel for the Petitioner: 1. P LAKSHMANA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27639 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of the Respondents in not sanctioning and paying family pension and arrears to the Petitioner, as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner is the legally wedded wife of late Juttiga Satyanarayana (hereinafter referred to as ‘the deceased’) and their marriage was performed on 02.09.1988 at Dwaraka Tirumala as per Hindu Rites and Customs. It is stated that prior to the marriage with the Petitioner, the deceased was married to one Satyavathi, who had expired on 24.08.1984. In the course of time, the deceased had retired from service on 30.06.1999 and had expired on 25.05.2022. It is stated that due to domestic disputes between the Petitioner and the deceased, the Petitioner used to stay separately and Petitioner had filed M.C.No.2 of 1993 and M.C.No.16 of 2008 before the II Additional Judicial Magistrate of First Class, Tanuku, West Godavari District under Section 125 Cr.P.C against the deceased for grant of maintenance. 4 3. The trial Court in recognition of status of the Petitioner as the wife of the deceased had directed the deceased to pay maintenance. After the death of the deceased, the Petitioner sought for sanction of family pension in terms of Rule 50(v) of Andhra Pradesh Revised Pension Rules, 1980 and as the same is not being paid, the present Writ Petition is filed. 4. In the Counter-Affidavit filed by Respondent No.2, it is stated that the Petitioner never made any representations/applications seeking family pension enclosing relevant documents. It is stated that the deceased had never given information during his life time regarding his second marriage, inclusion of other family members and even in the Death Certificate of the deceased, the name of the first wife was only shown and not that of the Petitioner. 5. Heard the counsel. 6. The Petitioner had filed an application under Section 125 Cr.P.C for grant of maintenance being the legally wedded wife of the deceased in M.C.No.2 of 1993. In the Counter-Affidavit filed therein, the deceased admitted the relationship of the Petitioner with him as wife and that they were married on 02.09.1988. 5 7. As there was no dispute to the status of the Petitioner as the wife of the deceased, the trial Court vide Order dated 02.12.1998 directed the deceased to pay maintenance of Rs.500/- per month from the date of filing of the Petition i.e. from 09.02.2023 and the same was enhanced vide Order dated 18.07.2008 passed in M.C.No.16 of 2008 to Rs.1,200/- per month. 8. The Family Members Certificate also shows the name of the Petitioner as wife and the status of the Petitioner as wife of the deceased cannot be doubted in the light of the Orders dated 02.12.1998 and 18.07.2008 passed in M.C.No.2 of 1993 and M.C.No.16 of 2008 respectively. 9. Therefore, in the opinion of this Court, the Petitioner will be entitled for family pension in terms of Rule 50(v) of the A.P. Revised Pension Rules, 1980 and the Writ Petition is disposed of with the following directions; (i) The Petitioner shall submit an application for sanction of family pension along with the certified copies of the Orders passed in M.C.No.2 of 1993 dated 02.12.1998 and in M.C.No.16 of 2008 dated 18.07.2008 and the Family Members Certificate; (ii) On receipt of the same, the Respondent-authorities shall process for sanction of family pension to the Petitioner from the date of her entitlement within a period of eight (8) weeks there from; 6 (iii) No order as to costs. 10. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Date: 05.01.2026 IS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27639 of 2025 Dated: 05.01.2026 IS