ORDER :

1. This petition is filed under Article 226 of the Constitution of India for the following relief:

“......to declare the action of the respondents in not settling the family pension to the applicant for the last 13 years consequent on death of her husband Sri Shanwaz while in service on 31.10.2003 while working as Pump Mechanic in Puttur Mandal without any justification or reasonable cause under the guise of correspondence between the respondents is, as illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution and consequently hold that the applicant is entitled for release of family pension with effect from 1.11.2003 with all consequential benefits including revision of pension and pensionary benefits by fixing the pay of the applicants husband in 1999 and 2005 PRCs and also interest on belated payments of family pension apart from compensation of Rs. 2,00,000/- for the mental agony suffered by the applicant all these years in the hands of the respondents and pass such other order or orders....”

2. Brief facts of the case are that the husband of the petitioner by name Sri Shaik Shanawaz was appointed as Mechanic of Bore well and while he was in service expired on 31.10.2003. He has two wives. The petitioner is the second wife. It is the case of the petitioner that the pensionary benefits of her late husband have not been sanctioned for several years due to disputes between the two wives and finally the disputes have been settled before the Lok Adalat, Putur in PLP No. 14 of 2013. To that effect, the petitioner is accepted to receive the family pension and leave the death benefits and any other amount to the first wife i.e. Smt Noorjahan. It is further stated that the petitioner made several representations to the respondents No. 1 and 2 including the District Collector, Chittoor to settle the family pension. However, the pension of the deceased has not been settled so far under the guise of correspondence between the respondents, which is illegal and arbitrary. Hence, the present writ petition.

3. Counter affidavit has been filed by the 2nd respondent denying all the allegations made in the petition and submits that Sri S. Shanwaz, Pump Mechanic was expired on 31.10.2003. As per the documents produced, he had two wives namely the first wife Smt S. Noorjahan and the second wife Smt S. Dilshad, who is the petitioner herein and both wives of the individual have compromised and a joint agreement was submitted for settlement for death benefits. It is further stated that compassionate appointment was given to the son of the deceased employee as Attender i.e. S/o S. Noorjahan, first wife of the deceased employee and as per the minimum pay Rs. 1875/- family proposals prepared in the name of Smt S. Dilshad, second wife of the deceased employee and submitted to the District Audit Officer, Chittoor. But the family pension has not been sanctioned and returned the above proposal as per Government Circular Memo No. 36840-A/329/A2/Pen.I/93 Fin. and Plg. Department, dated 11.09.1996 since the second wife is not entitled for family pension.

It is further stated that the second wife of late Sri S.Shanwaz has made representations to the District Collector, Chittoor requesting to settle the family pension. As per the instructions of the District Collector, Chittoor the Superintending Engineer, RWS&S Circle, Chittoor has issued instructions to the Executive Engineer, vide Memo No. C4/WC/Estt/2008-09, dated 30.01.2012. As per the instructions of the Superintending Engineer, Chittoor, the E.E, RWS&S Division, Tirupati has put up the letter addressed to all the EEs, PR & RWSS Department in Chittoor district to furnish the attested copies of orders if any with a certificate of service verification for the period which the individual worked in their divisions and send the report to this office to built the Service Register of late Sri S.Shanawaz, Pump Mechanic. Further, the above officers sent the report stating that th