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K MANMADHA RAO
Y Sakuthalamma – Appellant
Versus
Government Of Andhra Pradesh – Respondent
ORDER :
K Manmadha Rao, J.
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
2. The grievance of the petitioner is that her husband by name Srl. Y. Narasimhulu was expired on 21-06-2019 leaving the Petitioner as widow. During his life time he worked as a Foreman, Driver In earnest while APSEB. Later, her husband was retired from the service on attaining the age of Superannuation on 30-06-2007. It is stated that the husband of the Petitioner shown the Petitioner as a nominee and also submitted declaration form as
Disputes over family pension nominee status must be adjudicated in civil court, not through writ petitions.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
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.
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 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.
Proof of marital status is essential for claiming family pension under the Andhra Pradesh Revised Pension Rules, especially in cases involving multiple widows.
Point of law: petitioner is not ready to have any such negotiation and as per law, whatever she is entitled to get as family pension of the deceased, that can be decided by the official respondents a....
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