IMPORTANT POINT
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.

ORDER :

This writ petition is filled under Article 226 of the Constitution of India for the following relief:

“….to issue WRIT OF MANDAMUS or any other appropriate Writ order or direction to DECLARE the proceedings No IMEEE/M0F/SW/4435/132 dated 05.02.2021 issued by 2nd respondent rejecting family pension to the petitioner consequent upon the death of her husband late AtchiVeenkataRamana Reddy Employee No PEM00877063 BOO OHC without considering Award dated 29.10.2018 in LSA.NO.8/12/2018 passed by Hon’ble District Legal Services Authority Viskahapatnam as being illegal, arbitrary and violative of principles of natural justice and contrary to Article 14 16 Et 300A of Constitution of India and consequently command the respondents to arrange family pension with all attendant monetary benefits forthwith in the interest of justice and pass…”

2. The facts of the case are that the petitioner's husband, by name, late AtchiVenkataRamana Reddy worked as BDO/OHC in M & EE Department of Respondent Port Trust, and was superannuated on 31.07.2014. Later, he died on 18.08.2020 while receiving pension. On 15.09.2020 and 06.10.2020 the petitioner addressed letters duly enclosed the Death certificate of her husband to the Respondents requesting them to release family pension to her. The petitioner has also submitted family members’ certificate and wedding card with her late husband. it is stated that, earlier on account of matrimonial disputes between the petitioner and her husband, he got recorded his mother's name as nominee in his service register, but she predeceased him on 18.09.2015.Thereafter vide an Award dated 29.10.2018 LSA NO: 8/12/2018 by Hon'ble District Legal Services Authority, Viskahaptanam petitioner's husband agreed to enter her name as his nominee in his service register maintained by the Respondent authorities and also in the medical book for all service benefits including family pension. The petitioner submitted another representation Dated 02.12.2020 in continuation of earlier representation duly enclosing all the documents and requested the Respondents to release the family pension at the earliest. Finally she also got issued legal notice on 13.10.2020.The 2nd Respondent vide proceedings No: IM&EE/MOF/SW/4435/132, dated 05.02.2021 rejected the case of petitioner on the ground that as her husband passed away without submitting any revised nomination to incorporate her name in their records, which is illegal and contrary to the Award passed by Hon'ble DLSA, Visakhapatnam. Hence, the present writ petition.

3. Heard Sri P. Rajasekhar, learned counsel appearing for the petitioner.

4. On hearing, learned counsel for the petitioner while reiterating the contents made in the petition, submits that, withholding of family pension is not permissible under law by the Respondents as the same is matter of right to property under Article 300-A of Constitution of India. He further submits that the petitioner has a vested right to receive family pension being the legally wedded wife of her husband and also as per the Award/Decree passed by the District Legal Services Authority. He submits that the decree/award of the DLSA is a 'judgment in rem' and it is not only binding on the parties but also on the public authorities including respondents herein. Hence the action of the Respondents in denying the family pension of the petitioner through the impugned proceeding is illegal, arbitrary, unconstitutional and violative of principles of natural justice. Therefore, learned counsel requests this Court to pass appropriate orders.

5. Perused the material available on record.

6. As seen from the Award of DLSA, wherein, it was mentioned that the respondent agreed to enter the name of the petitioner in his service register maintained by the Authorities of Visakhapatnam Port Trust and the respondent undertakes that he would cooperate and appear before the Authorities at all times for completion of entering the name of the petitioner in the records and he un