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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.M.MOHIUDDIN, APARESH KUMAR SINGH
State of Telangana – Appellant
Versus
G.Vijaya Lakshmi – Respondent
JUDGMENT:
The present Writ Appeal is filed by the State and its officials, who were arrayed as the respondents in W.P.No.21514 of 2022 (hereafter “appellants” for brevity), assailing the order of learned Single Judge dated 07.06.2023 in W.P.No.21514 of 2022 (which was confirmed by the order dated 05.03.2025 in a review application vide I.A.No.1 of 2024 in W.P.No.21514 of 2022). The learned Single Judge in the order dated 07.06.2023 directed the appellants to release the family pension of Late G.Muralidhar Rao (hereafter “employee” for brevity) to the writ petitioner (hereafter “respondent” for brevity).
2. Heard Ms.B.Annapurna, learned Assistant Government Pleader for Services-I for the appellants; and Mr.G.Ravi Mohan, learned Senior Counsel appearing for the respondent, and perused the record.
Chronology of events and factual matrix (in brief) :
It is apposite to extract a brief chronology of dates and events for the proper appreciation of the controversy involved in the present case.
| Sl. No. | Date | Event | Significance |
|---|---|---|---|
| 1 | 23.02.1974 | The marriage of G.Muralidhar Rao (Employee) with Smt.G.Anantha Lakshmi. | As per the respondent and based on the judgment of VII Metropolitan Magistrate, Cyberabad in C |
The court upheld that service records indicating a spouse's legitimacy govern entitlement to benefits, dismissing challenges based on prior relationships without clear evidence.
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
Denial of family pension cannot be justified without clear evidence of marriage validation, as admissions and supporting documentation must be duly considered.
Point of Law : In the absence of any sanction in law, such action by a public authority like APDCL cannot be accepted to be legally valid.
A second wife cannot claim family pension benefits unless she can prove her legal marriage to the deceased employee, as the definition of 'widow' under the CCS (Pension) Rules, 1972, requires legal r....
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