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2024:APHC:44666 APHC010120072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]
(Special Original Jurisdiction)
THURSDAY ,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6540/2024 Between:
1. B .KHATOON, W/O LATE B.SHAHJAHAN, AGE 77, D.NO 9/94 A, NEAR TOHID MASJID,KHALEEL STREET, KURNOOL DISTRICT ...PETITIONER AND
1. S TATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,DEPT OF MUNICIPAL CORPORATIONS SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT.
2. T HE KURNOOL MUNICPAL CORPORATION, REP. BY ITS COMMISSIONER, KURNOOL DISTRICT.
3. T HE ADDITIONAL COMMISSIONER, PENSION SANCTIONING AUTHORITY KURNOOL MUNCIPAL CORPORATION, KURNOOL DISTRICT.
4. T HE HONBLE DISTRICT COLLECTOR, KURNOOL DISTRICT.
5. T HE DISTRICT AUDIT OFFICER, STATE AUDIT OFFICE, KURNOOL DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the inaction of the pension by the 3rd and 4th respondents to the pension to the petitioner, in the interest of justice and grant IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd and 4th respondents to sanction the pension to the petitioner, as early as passable in the interest of justice.
Counsel for the Petitioner:
1. MD SHARFUDDIN Counsel for the Respondent(S):
1. GP FOR SERVICES 2. GP FOR SERVICES
3. SURESH KUMAR REDDY KALAVA The Court made the following:
: ORDER :
The above writ petition is filed to declare the inaction of respondents 3 &
4 in granting the pension to the petitioner on the death of her husband on 21.02.2023, who worked as Record Assistant in respondent No.2 Corporation, as illegal and arbitrary.
2. Heard Sri Sk.John Saida, learned counsel representing Sri Md.Sharfuddin, learned counsel for the petitioner and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services appeared for respondents 1 to 5.
3. Learned counsel for the petitioner would submit that the petitioner’s husband by name Baloji Shajahan Khan who worked as Record Assistant in respondent No.2 Corporation died on 21.02.2023. The petitioner submitted all the relevant documents to respondent No.2 for the grant of family pension. Respondent No.2 in turn forwarded the same to respondent No.5 vide Lr.Roc.No.591691/2023/B1, dated 21.12.2023 (Ex.P3). However, the pension was not granted to the petitioner.
4. Learned Assistant Government Pleader for Services on instructions, would submit that the name of the petitioner is not mentioned in service records. After the proposal was forwarded by respondent No.2 to respondent No.5, respondent No.5 intimated the petitioner to consult the District Treasury Officer, Kurnool and also issued endorsement vide Roc.No.591691/2023/B1, dated 31.01.2024. A copy of the endorsement is filed along with the instructions.
5. A perusal of the endorsement filed along with the instructions, would disclose that the family pension proposals were handed over on 31.01.2024 and the same was received by the petitioner on 03.02.2024.
6. As seen from the material available on record, since the petitioner's name was not mentioned in the service register, the petitioner was directed to consult the District Treasury Officer, District Treasury, Kurnool and Sub Treasury Officer, Kurnool along with documents for taking necessary action and in fact, the petitioner received the same on 03.02.2024.
7. Given the facts and circumstances of the case, the Wirt Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the petitioner to approach the District Treasury Officer, District Treasury, Kurnool and Sub Treasury Officer, Kurnool along with all the relevant documents in relating to the family pension. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date : 17.10.2024 TVN
222 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.6540 OF 2024 Date : 17.10.2024 TVN
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