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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SARATH, J.
Boppani Muthi Lingamma – Petitioner
Versus
The State of Telangana – Respondent
Writ Petition No. 29492 of 2021
Decided On : 24-06-2024
Pension - Aasara Pension - G.O.Ms.No. 17, Panchayat Raj and Rural Development, dated 05.11.2014; Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - The court interpreted eligibility criteria for Aasara Pension, emphasizing that a daughter-in-law's employment does not disqualify a mother-in-law from receiving benefits, leading to the restoration of the pension.
Fact of the Case:
The petitioner, after her husband's death, applied for Aasara Pension, which was granted but later withheld due to her daughter-in-law's government employment. The petitioner argued her financial dependency and lack of independent income.
Finding of the Court:
The court found that the withholding of the pension was unjustified as the petitioner was not financially dependent on her daughter-in-law, and the relevant guidelines did not apply to her situation.
Issues: Whether the employment of the petitioner's daughter-in-law disqualifies her from receiving Aasara Pension under the applicable guidelines.
Ratio Decidendi: The court held that the definition of 'children' under the Maintenance and Welfare of Parents and Senior Citizens Act excludes daughter-in-laws, thus the petitioner remains eligible for the pension.
Result: The writ petition was allowed, restoring the Aasara Pension and ordering payment of arrears.
ORDER :
1. Heard Sri Venkat Reddy Donthi Reddy, learned Senior Counsel appearing for the petitioner and Learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents and perused the entire material on record.
2. Learned Senior Counsel for the petitioner submits that after death of the husband of the petitioner, the petitioner has applied for Aasara Pension under Social Security Pension Scheme initiated by the erstwhile State Government in the year 2006-07. After considering the eligibility of the petitioner, the concerned authorities have sanctioned an amount of Rs.1000/-(Rupees One Thousand only) per month towards pension to the petitioner vide I.D. No. NGKERO3187 and the same was paid uninterruptedly till the year, 2015. While it is being so, the respondent No. 4 in the Month of August, 2015 has withheld the pension of the petitioner. Thereafter, the petitioner made an application under Right to Information Act, for which on 20.06.2020, the respondent No. 4 had furnished the information stating that as the daughter-in-law of the petitioner is a State Government Employee, the petitioner becomes ineligible for the said Aasara Pension and withheld the said pension from the year, 2015.
3. Learned Senior Counsel for the petitioner further submits that the sons of the petitioner are married and the elder son of the petitioner is handicapped and he is unemployed and his wife is a Government Teacher in Zilla Parishad High School, Gomaram Village, Shivampet Mandal, Medak District and they live away from the petitioner and the petitioner is the age old women with infirmities. On 25.07.2020, the petitioner has submitted a representation to the respondent No. 4 requesting to restore the Aasara Pension. But, no action was taken by the respondents. Aggrieved by the same, the petitioner has filed W.P. No. 17813 of 2020 before this Court, wherein this Court vide order dated 13.07.2021 has disposed of the said writ petition by directing the respondents to consider the representation dated 25.07.2020 made by the petitioner in accordance with law within a period of two (02) months from the date of receipt of a copy of the said order. But the respondents have rejected the representation of the petitioner for grant of Aasara Pension by relying upon the condition No. 4.III.B.(ii) of G.O.Ms.No. 17, Panchayat Raj and Rural Development, dated 05.11.2014 in the impugned order.
4. Learned Senior Counsel for the petitioner further submits that as per the said condition No. 4.III.B.(ii) of G.O.Ms.No. 17, Panchayat Raj and Rural Development, dated 05.11.2014, a person shall not be eligible for Social Security Pension, if the person’s children is/are employed with Government/Public Sector/Private Sector employment/Outsourced/ Contract. But, in the instant case, the respondents have withhold the pension of the petitioner on the ground that daughter-in-law of the petitioner is a Government Teacher and issued impugned proceedings No. D/21/Aasara/2019-20 dated 16.08.2021. The petitioner is not having any independent income and she is living away from her children and she is not dependent on her daughter-in-law and requested to allow the writ petition.
5. In support of his arguments, learned Senior Counsel for the petitioner relied upon the Judgment passed by the High Court of Bombay in Sheetal Devang Shah Vs. Presiding Officer of the Maintenance and Welfare of Parents and Senior Citizens and Others, 2022 SCC Online Bom 1068.
6. Learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the that before rejecting the representation made by the petitioner, the respondent No. 2 on 13.08.2021, has conducted a personal hearing of the petitioner and her elder son, wherein the petitioner and her son had admitted that the daughter-in-law of the petitioner is a Government Teacher at Medak. But, as per the terms and guidelines issued in G.O.Ms.No. 17, Panchayat Raj and Rural Development, dated 05.11.2014, as t
A daughter-in-law's employment does not affect a mother-in-law's eligibility for social security pensions under the Aasara scheme.
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
The denial of family pension based on unreasonable deductions of service years violates legal principles of fairness; unmarried dependent daughters are entitled to pension as per amended Rule 143.
The amendment to the Assam Services (Pension) Rules permits unmarried dependent daughters to receive family pension beyond 21 years of age.
A married daughter cannot claim family pension under the Rajasthan Civil Services (Pension) Rules, 1996, if she was married at the time of her father's death.
In the absence of credible evidence of remarriage, a legally married spouse is entitled to family pension and benefits under the Assam Services Pension Rules.
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