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High Court of Andhra Pradesh · body

2026 DAILYLAW 500 (AP)

Mothey Lavanya, v. Union of India

WP/5190/2026 · 2026-04-07

D Ramesh

body2026

Judgment text

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1 APHC010094192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5190/2026 Between: 1. MOTHEY LAVANYA,, W/O LATE DURGA RAO, AGED ABOUT 41 YEARS, HOUSE WIFE, R/O PAYAKAPURAM, VIJAYAWADA, NTR DISTRICT - 520015 ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, RAILWAY BOARD, NEW DELHI.-110001 2. THE GENERAL MANAGER, SOUTH CENTRAL RAILWAYS SECUNDERABAD -520001 3. THE DIVISIONAL RAILWAY MANAGER, SOUTH CENTRAL RAILWAYS VIJAYAWADA NTR DISTRICT - 520001 4. SENIOR DIVISIONAL PERSONAL OFFICER, SOUTH CENTRAL RAILWAYS VIJAYAWADA, NTR DISTRICT - 520001 ...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 or order or 2 direction more particularly one in the nature of writ of mandamus that declaring the action of the official respondents for not granting/sanction family pension in respect of my deceased husband late M. Durga Rao, Rtd. Commercial Supervisor (Booking)/PRH/EE in South Central Railway Station, Eluru is illegal, arbitrary, violation of principles of natural justice and contrary to the rules under Civil Service (Pension) Rules 1972 r/w CCA(Pension) Rules 1982 and contrary to the Article under 14,19 and 300-A of Constitution of India and consequently direct the official respondents for releasing the amounts under family pension of the deceased employee and with interest @12percent per annum till its realization 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 pleased to direct the official respondents for providing family pension assistance, pending disposal of the main petition. Therefore it is just and necessary in the interest of justice with deem fit and proper for the circumstance of the case. Counsel for the Petitioner: 1. R K ACHARYULU Counsel for the Respondent(S): 1. ALEKHYA TADASINA(CENTRAL GOVT COUNSEL) The Court made the following: ORDER: 1. This Writ Petition is filed to declare the action of the respondents for not granting family pension in respect of the 3 deceased husband late M. Durga Rao of the petitioner as illegal and arbitrary. 2. Learned counsel for the petitioner has brought to the notice of this Court that the respondents have not considered the case of the petitioner for release of the family pension and pensionary benefits on the ground that the divorce petition is pending. 3. After notice, the respondent have furnished the instructions to the learned standing counsel stating that the respondents have considered and resubmitted the proposals and forwarded to the accounts department for authorization of family pension on 13.03.2026. 4. Taking the above said instructions into consideration, the writ petition is disposed of directing the respondents to consider the said proposals and take appropriate action and sanction the family pension and pensionary benefits to the petitioner within a period of three months from the date of receipt of copy of this order. No order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date:08.04.2026 GK 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO:5190 of 2026 Dated:08.04.2026 GK