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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
| Table of Content |
|---|
| 1. overview of the family pension claim case. (Para 1 , 3 , 4) |
| 2. arguments regarding the validity of marriages and entitlement. (Para 5 , 6 , 8 , 9 , 10 , 14) |
| 3. service records as determinative evidence. (Para 19 , 20) |
| 4. court's analysis of legal status regarding the pension claim. (Para 21 , 22 , 23 , 24) |
| 5. conclusion affirming the ruling of the single judge. (Para 25 , 26 , 27) |
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
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 second wife may be entitled to family pension under amended rules despite existing complications if the first marriage is legally dissolved.
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.
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
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.
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