1 APHC010361092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 832 OF 2025 Between: 1. VILAMANDIPARTHI VAGDEVI, W/o. Late Seetharamamurty, Hindu, aged about 50 years, Occ Housewife, R/o. Sakhaveedhi, Jami Village and Mandal, Vizianagaram District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep., by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Guntur. 2. The District Collector, Vizianagaram. 3. The Superintending Engineer, Panchayat Raj Circle, Vizianagaram. 4. The Deputy Executive Engineer, Panchayat Raj (PIU), Sub Divisional Office, Kothavalasa, Vizianagaram District. 2 5. Vilamandiparthi Krishnamma, W/o. Reddi Naga Jagannadham, Hindu, aged about 55 years, Occ Housewife, R/o Jami Village and Mandal, Vizianagaram District. ...Respondents Counsel for the Petitioner: S SRIDHAR Counsel for the Respondents: BONU RAMA SHANKAR RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH AND THE HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA WRIT APPEAL No.832 OF 2025 JUDGMENT: (Per Hon’ble Sri Justice D.Ramesh) The present appeal is filed by the petitioner aggrieved by the order dated 28.03.2025 in Writ Petition No.560 of 2021 passed by the learned Single Judge. Initially, the writ petition was filed declaring the action of respondent Nos.3 and 4 in not releasing the family pension to the petitioner is contrary to the Central Civil Services (Pension) Rules, 1972. 2. The said writ petition was dismissed with the following observations: “15. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, this Court is of the view that, as the SOP is pending before the competent Civil Court for grant of Succession Certificate the petitioner has to take steps for obtaining the said certificate before the competent respondents but with regard to release of death benefits etc., are not possible at this stage. Therefore finding no merit in the instant writ petition and the same is liable to be dismissed.” 3. Learned counsel appearing on behalf of the appellant has mainly contended that the writ petition was dismissed on the 4 ground of pendency of S.O.P.No.6 of 2016 filed by the 5th respondent for grant of succession certificate. But, the fact remains that the said SOP was considered on merits and the same was dismissed by the learned Senior Civil Judge, Vizianagaram vide order dated 07.11.2023. Hence, the finding of the learned Single Judge that the writ petition was liable to be dismissed only on the ground of pendency of SOP filed by the 5th respondent is contrary to the record. 4. As the SOP filed by the 5th respondent has already been considered by the competent Civil Court and the same was dismissed and no appeal has been filed against the said order, the appellant/petitioner is entitled to the relief sought, more particularly, release of family pension in accordance with the rules. The matter was adjourned on several occasions at the request of learned counsel for respondent No.5 to get instructions as to whether any appeal has been filed against the order dated 07.11.2023 passed by the learned Senior Civil Judge, Vizianagaram in S.O.P.No.6 of 2016. Even today, learned counsel appearing for respondent No.5 is unable to place any instructions with regard to the filing of any appeal or approaching of any competent Civil Court. In the said circumstances, as the 5 SOP filed by the 5th respondent has already been considered and dismissed by the competent Civil Court, the respondent authorities have no option except to release the family pension to the appellant/petitioner. 5. Accordingly, the Writ Appeal is allowed by setting aside the order dated 28.03.2025 in Writ Petition No.560 of 2021 passed by the learned Single Judge and directing the respondent authorities, more particularly the 3rd respondent, to consider the application of the appellant/petitioner for release of family pension as per rules and record and pass appropriate orders within a period of three (3) months from the date of receipt of a copy of this judgment. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH _________________________________________ JUSTICE A.HARI HARANADHA SARMA Date: 07.09.2026 Ivd Whether the order is: Speaking Yes Reasoned No Reportable No Non-reportable Yes 6 THE HONOURABLE SRI JUSTICE D.RAMESH AND THE HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA WRIT APPEAL No.832 OF 2025 Dated: 07.09.2026 Ivd