THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.43973 of 2018

ORDER:

The case of the petitioner, precisely, as per the writ affidavit, is that she is the second wife of (late) Dr. Marapaka David, who was a Deputy Civil Surgeon in the Urban Primary Health Centre, Hasanparthy, Warangal, and retired in the year 2013. Mr. David’s first wife (Mrs. B. Vijaya Kumari) predeceased him on 02.09.2000. The petitioner married David on 16.08.2002, and as on the date of her marriage, he had two children (sons) from his first wife and their monetary settlements whatsoever have been settled prior to her marrying David, and the two sons have been under the care of their maternal grandparents. Mr. David passed away on 24.01.2018, and thereafter she made Applications before the 2^nd respondent-District Medical & Health Officer on 21.05.2018, 02.07.2018, and 13.08.2018 requesting to grant family pension and terminal benefits; however, the same are being delayed due to illegal claims raised by one Mr. Papaiah, who is the brother of her husband. She had also filed O.S.No. 1945 of 2019 on the file of X Junior Civil Judge, City Civil Court, Hyderabad, by arraying her two stepsons and Mr. Papaiah as defendants 1, 2 and 3, and the trial Court decreed the Suit by Order dated 15.03.2022 declaring the plaintiff (petitioner herein), and the defendants 1 and 2 (the sons Mr. David) as the legal heirs. It is her grievance that though she made aforesaid representations by enclosing relevant documents, however they have not been processed allegedly on the illegal interference of one Mr. Papaiah who is the brother of the deceased.

2. Heard Mr. J. Sudheer, learned counsel for the petitioner; and learned Government Pleader for Services-I appearing for the respondent Nos.1 to 3. Perused the record.

3. Learned counsel for the petitioner, while making submissions on the lines of writ affidavit, essentially contends that the monetary claims in respect of the two sons of her husband (from his first wife) have been settled prior to her marrying him. It is contended that after the death of her husband, she made several representations to the authorities to grant family pension, however, the same has not been granted yet. It is contended that the petitioner is 52 years old, with no source of income, suffering from cardiac problem and the delay being done in granting family pension by the respondent authorities is illegal and arbitrary. Learned counsel relies on sub-rule 7 of Rule 54 of the CCS Pension Rules, 1972, governing the sharing of family pension in the case of a deceased government employee.

4. Learned Government Pleader, basing on the counter affidavit, contends that the Service Records of the deceased does not mention about his marriage with the petitioner; and her name is not in the Declaration of Family Members, nor she is a nominee in his Service Records. It is contended that the claim of the petitioner could not be processed for want of legal heir certificate from the competent authority. 5. Having considered the respective submissions and perused the record, the grievance lies in a narrow compass. The employment of Mr.

David with the respondent Department and his retirement is not in dispute. It is pertinent to note that the petitioner filed a Suit i.e., O.S.No.1945 of 2019 before the trial Court, by arraying the children of her husband (with his first wife, who predeceased him), seeking declaration as legal heirs, and the trial Court decreed the Suit by Judgment dated 15.03.2022, by observing as follows:

“17. As the evidence of PW1 coupled with Ex.A1 to A8 remained unrebutted and also as there is no contrary evidence on this point, this court is of the considered opinion that it is just, fair, reasonable to declare the plaintiff and Defendant No.1 and 2 as the legal heirs of Late Marapaka David.

IN THE RESULT, the suit is decreed, however, without costs, declaring that the plaintiff, Defendant No.1 and D2 are the legal heirs of Late Marapaka David for