HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.4651 OF 2023

ORDER:

Heard Sri C.Raja Shekar Reddy, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Services-I appearing on behalf of the respondent Nos.1 and 2 and Sri K.Bala Krishna, learned counsel appearing on behalf of the respondent No.3.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare the in action of the respondents are not forwarding the pension and pensionary benefits proposals of the petitioner with all relevant documents which is pending before the 2^nd respondent and the same is not forwarding to the 3^rd respondent and the same is enabling the petitioner to get her pension and pensionary benefits, the said action of the respondents is highly illegal arbitrary, unreasonable, discriminatory and also in violation of principles of natural justice and also in violation of Articles 14, 16 & 21 of the Constitution of India and declare the same as bad-in- law and consequently direct the respondents to forward the proposals of pension and pensionary benefits of the petitioner with all relevant documents to the 3^rd respondent and release pension and pensionary benefits to the petitioner by passing final orders on the representation dt. 11-01-2023 and pass such other order or orders may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner, in brief, is that the petitioner's husband A.Ramulu died on 25.05.2017, while he was working as a Technical Officer in the Irrigation and CAD (PW) Department. The petitioner's husband had declared the petitioner as his nominee in his Service Book. One A. Anusha, who is the daughter of the late A. Ramulu from his first marriage, had initially applied for employment under compassionate grounds, despite being employed as an Office Assistant. The petitioner also submitted an application for employment and pension benefits on 23.03.2022, which led to a dispute with Anusha. A settlement was reached, where Anusha would receive employment and the petitioner would receive pension and pensionary benefits.

4. It is the specific case of the petitioner that in pursuance to the application made by the petitioner, respondent No.2 forwarded the pension proposals of the petitioner to the respondent No.3 herein vide proceedings dated 29.07.2022. The petitioner vide a detailed representation dated 11.01.2023 addressed to the respondent No.2 herein, requested for examination of her application and for sanction of pension and other benefits to the petitioner. The petitioner in the said representation dated 11.01.2023, specifically contended that in pursuance to the pension proposal dated 29.07.2022 forwarded in favour of the petitioner by the respondent No.2 to the respondent No.3, the petitioner received certain queries calling for certain certificates vide letters of the Accountant General dated 24.08.2022 and 16.12.2022 and petitioner had submitted service book, marriage photos, wedding card and other documents, however, no action had been initiated on the representation of the petitioner dated 11.01.2023 as on date. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

PERUSED THE RECORD:

5. The relevant portion of the proceedings of the respondent No.2 - the Superintending Engineer, I rrigation Circle, G.V.Gudem, Nalgonda vide Lr.No.SE/ AMR SLBCP/ C/ GVG/ AB/ EC3/ 2022-23/ 3274 dated 29.07.2022 addressed to the respondent No.3 - the Accountant General (A & E), AP & Telangana, Saifabad, Lakdikapul, Hyderabad is extracted hereunder:

“With reference to the above cited, I submit herewith pension papers in respect of Late Sri A. Ramulu, Technical Officer expired while in service on 25.05.2017 duly enclosing the following certificates for favour of taking further action.

1. Pension rules applicability certificate