High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more in the nature of Writ of Mandamus, directing the respondents to pay an interest at the rate of 12 o/o on the amounts the pension and pensionary benefits of the late husband of the petitioner herein'form the date of his retirement in May 2010 to the date of actual release of pension and pensionary benefits in Nov 2018 and grant exemplary costs and compensation for the huge suffering undergone by the late husband and the suffering being undergone by the petitioner herein. lA NO: 1 OF 2020 Petition under Section 15'l 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 respondents to consider and pass order on the representation of the petitioner requesting for grant of interest in the delayed payment of pension and pensionary benefits of late husband of the petitioner. Counsel for the Petitioner: SRI K'ANANTHA RAO Counsel for the Respondents: GP FOR SERVICES'I The Court made the following: ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA -- WRIT PETITION No.297 toF2020 - ORDER Heard Sri K.Anantha Rao, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Services-I appearing on behalf of the respondents.

2. The oetitio er aDDroached the Court seekino oraver as under: "...to issue a Writ, order or direction more in the nature of Writ of Mandamus, directing the respondents to pay an interest @ I2o/o on the amounts the pension and pensionary benefits of late husband oF the petitioner herein from the date of his retirement in May 2010 to the date of actual release of pension & pensionary benefits in Nov 2018 and grant exemplary costs and compensation for the huge suffering undergone by the late husband and the suffering being undergone by the petitioner herein, and pass such other order or orders as this Hon'ble Court deems fit and proper under the circumstances of the case." 2 sN,l W.P.No.2971 of 2020

3. The case of the petitioner' in brief is that the petitioner's husband was working an Office Subordinate at Government lunior College' Chanchalguda' Hyderabad' and retired in the year 2010' However' he was not granted pension and other benefits and received provisional penslon after repeated efforts' After the death of the petitioner's husband in the year' 2017' the petitioner was not paid any family pension' The respondents finally settled the pension andbenefitsintheyear20lB,withadelayofnineyears. Consequently, the petitioner is entitled to interest for the delay of nine years in releasing the petitioner's late husband's pension and pensionary benefits'

4. It is the sPeciflc petitioner submitted a case of the Petitioner that the detailed rePresentation dated Higher Education,

18.02.2019 addressed to the Director, resPondent No'3 a coPY to the Hyderabad dulY marking respondent authorities to grant herein, requesting the interest @ 24o/o per annum for the unduly delayed pension 30.06.2010 to November, benefits from and PensionarY the untimelY death of Petitioner's late Naseeruddin, retired attender' Government 2018 leading husband Shaik 3 SN,J W.P.No.2971 of 2020 Junior College, Chanchalguda, Hyderabad. Though the said representation dated 18.02.2019 was made by the petitioner, no action had been initiated on behalf of the respondents as on date. Aggrieved by the same, the petitioner filed the present writ petition.

5. It is further case of the petitioner that the respondent authorities basing on the application filed by the petitioner, sanctioned family pension to the petitioner from 01.06.2017 and also sanctioned provisional pension from 01.10.2010 to the petitioner's husband after his retirement from service and the same was paid until the death of the husband of the petitioner, who died on 31.05.2017, but however there had been delay in release of pensionary benefits to the petitioner's family since petitioner,s late husband retired in the year 2010 and the respondents finally setUed the pension and beneFits of the deceased employee in the year

2018. PERU SED THE RECORD 4 5N,J w.P.No.2971 of 2020 n a ee filed t n 3 d v n s 6 L2 are e racte dhereund er: "8. It is respectfully submit that while matter stood thus, the petitioner made representation dated 22.1I'2017 to Respondent No.1 wherein informed that her husband died on 3L.05.2017, and the pension disbursing authorities have not released the family pension to her. As there is no authorization of family pension in the pension payment order and requested to drop charges on her husband basing on APAT orders.

9. It is further submitted that Government after careful examinatlon of the entire matter dropped the charges against the petitioner's nusband on 09.02.2018. 10. tt is submitted that petitioner filed WP 3517/2018 before this Hon'ble Court for release of pension and pensionary beneFits which is pending for adjudication. Petitioner thereafter produced family member certificate & death certificate of her husband on 21.08.2018 and requested for sanction of family pension. The said application submitted on 27.09.2018." 5 SN,., W.P.No.2971 of 2020 It is resoectf

11. that, the resDond ent authoriti es basino on the aoolica ion sanctioned familv oensio to the llv submit n rom 01.

7. And a uthor sanctioned Drovisional oension from o1.10.2 O1O to the oetitioner's hu sband after his retirement from service and the same was oaid until the death to oetitioner's husband-

12. In view of the same there is no delav on of the r in sanctioni familv oension to the oetitioner herein as such the Writ Petition is liable to be dismissed.

7. Learned Government Pleader for Services-I appearing on behalf of the respondents submits that the petitioner's husband died on 31.05.2017 and based on the application of the petitioner, the respondent authoritids sanctioned family pension to the petitioner from 01.06.2017 and therefore, it is not correct to say that there had been delay in payment of pension to the petitioner herein and the petitioner's plea for entitlement of interest on delayed payment of pension, is incorrect and hence the writ petition needs to be dismissed. 5 SN,J w.P.No.2971 0f 2020 LT akino into consider ron: a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counset appearing on behalf of the petitioner and the learned Government Pleader for Servaces-I appearing on behalf of the iespondents, c) The averments made in the counter affidavit filed on behalf of the respondent No.3 and in particular, relevant paragraph Nos.g, g, LO, 11 & 12 (referred to and extracted above) and, d) In view of the fact as borne on record that as on date, no orders had been passed on petitioner,s representation dated 18.02.2019, e) The specific Araevance of the petitioner being that petitioner's late husband retired in the year 2O1O as an office subordinate and the respondents finally settled the pension and other benefits in the year 2O18, with a delay of nine years. ) I ,/ 7 SN,J W.P.No.2971 of 2O2O The writ petition is disposed of directing the respondents to consider the grievance of the petitioner as put-forth vide petationer,s representation dated 1g.02.2019 addressed to the 3.d respondent herein pertaining to grant of anterest at the rate of l2o/o p.A for the unduly detayecl pension and pensionery benefits from 30.06.2010 to November, 2O1g and pass appropriate orders on the saad representation of the petitioner in accordance to law, within a period of four (4) weeks from the date of receipt of a copy of this order and duly communicate the decision on the said representation to the petitioner herein. However, there shalt be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition Shall also sland ctoqcrl //TRUE COPY// SD/. L. LAKSHMI BABU D PUTY REGISTRAR ECTION OFFICER To, 1 The Principle Secretary, Higher Hyderabad, State of Telangana. Education partment, Secretariat,

2. The Commissioner of lntermediate Education, State of Telangana, Nampally, Hyderabad.

3. The Principal, Government Junior College, Chanchalguda, Hyderabad. 4. One CC to SRI K.ANANTHA RAO, Advocate [OpUC] 5. Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana at Hyderabad [OUTI

6. Two CD Copies w BSR BM HIGH COURT DATED:1010312025 ORDER WP.No.2971 of 2020 *tr; Si{ 7 J l{ Jr{/tr M ( :t ,-o\ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\ 5 ^d{ 1\