HON’BLE MRS JUSTI CE SUREPALLI NANDA CONTEMPT CASE No.812 OF 2024 I n W.P No. 32427 of 2017

ORDER:

Heard Sri M. Bharat Shah, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Services I I I , appearing on behalf of respondent Nos.1 & 3, Sri M. Murali Krishna, learned counsel appearing on behalf of respondent No.6

2. This Contempt Case is filed complaining disobedience of the order dated 05.06.2023 passed by this Court in W.P.

No. 32427 of 2017.

3. The relevant portion of the judgment dated 05.06.2023 passed in W.P. No. 32427 of 2017 in particular para No.15 is extracted hereunder;

“ 15. This Court opines that the family pension due to the petitioner cannot be denied to the petitioner irrationally, illegally on the ground that the service records of the deceased employee are not traceable. Taking into consideration the aforesaid facts and circumstances of the case, and the law laid down by the Apex Court in Dr. Umar Agarwal Vs. State of U.P. and another”, reported in 1999 (2) SCT 347 (SC) and also Rule 4 of A.P. Government Servant (Family Pension) Rules, 1964 (referred to and extracted above), the writ petition is allowed as prayed for and the impugned Proceedings Lr.No.Pen(1)2193/13, dated 03.09.2016 of the 2^nd respondent is hereby set aside and the respondents are directed to reconsider the case of the petitioner for fixation and payment of family pension, duly releasing all the arrears of family pension with consequential benefits with interest from the date of death of the petitioner’s husband till the actual payment is made within a period of two weeks from the date of receipt of the copy of this order, and pass appropriate orders duly communicating the decision to the petitioner. However, there shall be no order as to costs”.

4. Learned Government Pleader for Services-III, in the Contempt Case places on record the proceedings No. ADMN-A/A(2)/Court/2024, dated 21.10.2024 issued by the Director of Agriculture, Hyderabad, Telangana State and submits that the order of this Court dated 05.06.2023 passed in W.P. No. 32427 of 2017 had been complied with for grant of family pension.

5. Learned counsel appearing on behalf of the petitioner submits that the Proceedings dated 21.10.2024 is not in true compliance of the order of this Court dated 05.06.2023 passed in W.P. No. 32427 of 2017 and the same is depriving the rights of the petitioner for family pension.

6. This Court opines that the merits of the Proceedings dated 21.10.2024 issued by the Director of Agriculture, Hyderabad Telangana State in pursuance to the order of this Court dated 05.06.2023 passed in W.P. No. 32427 of 2017, cannot be gone into in Contempt Case jurisdiction and the Contempt Case is closed giving liberty to the petitioner to assail the Proceedings dated 21.10.2024 and to pursue the remedies as are available to the petitioner against the speaking order dated 21.10.2024 issued by the Director of Agriculture, Hyderabad, Telangana State issued in compliance to the directions of this Court dated 05.06.2023 passed in W.P. No.32447 of 2017. Accordingly the Contempt Case is closed. How ever, there shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

___________________________ MRS. JUSTI CE SUREPALLI NANDA

13.12.2024.

Skj