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K. MANMADHA RAO
Atchi Lalitha Devi, W/o. late Atchi Venkata Ramana Reddy – Appellant
Versus
Visakhapatnam Port Trust, Visakhapatnam, Rep. by its chairman – Respondent
ORDER :
This writ petition is filled under Article 226 of the Constitution of India for the following relief:
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 o
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 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.
Family pension is payable only to the legally wedded spouse of an employee, and second marriage during the lifetime of the first spouse makes the petitioner ineligible for family pension under the pe....
Dependents of deceased employees are entitled to family pension, and failure to grant it without justifiable reason is discriminatory.
Proof of marital status is essential for claiming family pension under the Andhra Pradesh Revised Pension Rules, especially in cases involving multiple widows.
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