Back
SUBBA REDDY SATTI
Kondreddi Ramakrishnamma, W/o. Late Baya Reddy – Appellant
Versus
State of Andhra Pradesh, Rep. by its Commissioner and Director of Municipal Administration – Respondent
ORDER :
(Subba Reddy Satti, J.) :
This writ petition is filed seeking the following relief:
2. The averments in the writ affidavit, in brief, are that the petitioner is the first wife of late Sri Kondreddy Baya Reddy, employed as Revenue Officer, under the control of respondent No.2. Out of their wedlock, they were blessed with three daughters namely Anuradha, Madhavi and Shoba and their marriages were performed during the lifetime of Sri Baya Reddy. Said Baya Reddy retired from the service on 31.03.2005 on attaining the age of superannuation and died on 20.05.2
Proof of marital status is essential for claiming family pension under the Andhra Pradesh Revised Pension Rules, especially in cases involving multiple widows.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
Disputes over family pension nominee status must be adjudicated in civil court, not through writ petitions.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
The court affirmed that a legally wedded spouse has a vested right to family pension, which cannot be denied contrary to a binding legal award.
The main legal point established in the judgment is that under Rule 49(7)(a)(i) of the Tamil Nadu Pension Rules, family pension can only be shared between widows if the marriage is valid. Invalid mar....
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
