THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.41348 of 2017

ORDER:

The petitioner is the wife of Mr. K. Venkateshwarlu, who was a daily wager/NMR in the Andhra Pradesh State Construction Corporation (now defunct). The averments in the writ affidavit are to the effect that Mr. K. Venkateshwarlu (hereinafter, referred to as the “workman”) joined the Corporation on 07.07.1977 and was terminated from service on 06.08.1979. Challenging the termination Orders, the workman raised an Industrial Dispute in I.D.No.105 of 1990 before the Labour Court, and the Labour Court passed an Award dated 26.05.1994 directing reinstatement of the workman, with all consequential benefits and backwages. The respondent- Department challenged the Award by filing W.P.No.2620 of 1995 before this Court. This Court, by Order dated 26.06.1997 disposed the writ petition by upholding the reinstatement of the workman, but the direction insofar as payment of backwages, was set aside. Thereafter, the workman was reinstated on 12.11.1998. The workman expired on 17.08.2006. Consequent to his demise, the petitioner herein/wife approached the Andhra Pradesh Administrative Tribunal, by filing O.A.No.688 of 2012, seeking regularization of the services of her husband, and to provide her the family pension benefits.

1.1 The Tribunal, by Order dated 06.07.2015 directed the respondents to regularize the services of the deceased workman in terms of G.O.Ms.No.143 Irrigation (Ser.V) Department dated 18.3.1984 read with G.O.Ms.No.56 Irrigation & CAD (Project Wing-Estt(1)) Department dated 28.2.1989 and G.O.Ms.No.88 I & CAD department dated 26.3.1993 as was done in the case of similarly situated persons namely Sri B. Nageswara Rao and 29 other NMRs by Government Memo No.21151/Ser.V.2/2013 dated 17.4.2014 issued by the Principal Secretary Irrigation and CAD / Ser.V Department within a period of three months; and also consider the claim of the petitioner herein (i.e., wife) for family pension, as was considered in the case of Boda Kousalya (widow of Sri Boda Ramulu, NMR) within a period of two months thereafter.

1.2 Thereafter, the Engineer-in-Chief has written a letter dated

18.01.2017 to the Special Chief Secretary with regard to regularization of the services of the workman Mr. K. Venkateswarlu(since deceased) as per GOMs.No.143, GOMs.No.56, GOMs.No.88, on par with the juniors, as per the Award dated 26.05.1994 in ID No.105 of 1990 of the Labour Court, and as per the Orders of this Court in W.P.No.2620 of 1995, dated 26.06.1997, and also the Order in O.A.No.688 of 2012, dated 06.07.2015.

1.3 Alleging inaction on the part of respondent-authorities, the petitioner/wife is before this Court with this writ petition, urging that she is deprived of the family pensionary benefits despite favourable orders from the Labour Court in I.D.No.105 of 1990 (dated 26.05.1994) and also this Court in W.P.No.2620 of 1995 (dated 26.06.1997), and also the Tribunal in O.A.No.688 of 2012 (dated 06.07.2015).

2. Heard Mr. A.K. Jayaprakash Rao, learned counsel for the petitioner;

and learned Government Pleader for Services-II. Perused the record.

3. Learned counsel for the petitioner, making submissions on the lines of writ affidavit, essentially contends that the deceased workman (Mr. K. Venkateshwarlu) were directed to be reinstated into service, and his case was upheld by the Labour Court in I.D.No.105 of 1990 (dated 26.05.1994)

and this Court in W.P.No.2620 of 1995 (dated 26.06.1997), and further the Tribunal in O.A.No.688 of 2012 (dated 06.07.2015) directed regularization of his services and provide family pension to the petitioner (since the workman had expired), and further the Engineer-in-Chief addressed a letter dated 18.01.2017 to the Special Chief Secretary seeking instructions for implementation of the Order dated 06.07.2015 passed by the Tribunal in O.A.No.688 of 2012; however, there has been inaction on the part of the respondents, and the petitioner/wife is deprived of the family