High Court · 2025

(R4 is impleaded as per c o dt 10/03/2023 in lA 212023) Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in *" ln'o*n filed therewith' the High Court may be Writ' order of direction' preferably one in the pleased to issue un to 4""t"'" the in action of the respondents are not 'op'oplr.'*" nature of Writ of fvf 'no"t*lnO forwarding the pension and pensionary benefits proposals of the petitioner with all '' o""o'"n o"::l::1"-1T:""'#::',1#ffi::: rerevant documents *'"n ti.. not forwarding to the 3rd respondent and the same ls puntionu'y Oenetits' the said action of the respondents is highly discriminatory and also in violation of principles of her pension 'nd illegal arbitrary, 'n'"u'on"O'"' natural justice and also in violation of Art' 14' 16 and 21of the Constitution of lndia and declare the same as bad-in-law and consequently direct the respondents to '" forward the proposals ot pension and pensionary benefits relevant documents to the 3rd respondent and release pension and penstonary tl" O"lt:::::: " benefits to the Iretitirtner L 2023. )y passing final orders on the representation dt. 1j-0.1_ IAN ; 1OF 202.3 o petition urder Section 151 cpc praying that in the circumstances stated in the affidavit fired n support of the petition, the High court may be preased to direct the 2nd respondent tt fonn *n" proposals of pension a4d pe nsiorary benefits of the petitioner with arr ,.u,"'o evant documents to the 3rd respc,ndent and release pension and pensionary benefits to the petitioner by passing frnar orders on the representation dt. 11-01-2023, pending disposal of the aoove writ petition. Counsel for the petitioner: SR.l C.RAJA SEKHAR REDDY !?,1""f for the Respondent Nos-.1 & 2: Gp FoR SiRVtcES-l counsel for the Rerspondent No.3: snr x.eAiAKi,irn o, Counsel for the Respondent No.4: _ "" t:oR AG The Court made the following: ORDER a HON,BLE MRS. JUSTICE SUREPALLI NANDA wRIT PETITIONNo.46 51 oF2o2 3 o RD ER: 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'l and 2 and Sri K'Bata Krishna' learned counsel appearing on behalf of the respondent No.3. 2 Th it n oraYer as under: c h u s n "...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 2nd respondent and the same is not forwarding to the 3'd 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 / \ 2 SN,J w_46s1 2023 also in violation of Articles 14, L6 & 21 of the Constitlrtion of India and declare the same as bac_in_ Iaw and consequenUy direct the respondents to fonry;rrd the proposals of pension and perrsionary bene'its of the petitioner with all relevant documents to tfte -j'-d respondent and release pensi()n and pensitn.-,ry benefits to the petitioner by passi rg flnal order; orr the representation dt 11-01-20.23 end pass sucl other order or orders may deem fit and prope. rn :he circumstances of the case.,,

3. The caser of the petitioner, in brief, ls that the petitioner,s husband A.Ramulu died on 25.05.2017, while he was workin,T as a Technical Officer in the Irrigation anc CAD (PW) Depar:ment. The petitioner,s husband hacl der:lared 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:n Cffice Assistant. Ttre petitioner also submitted an applic;ttion for employment and pension benefits on 23.03.2022, r,r,hich led to a dispute wiil- Anusha. A settlement was reache(|, where Anusha woulrl re,:eive employment and the petitioni:r wrtuld receive pension a 1d pensionary benefits. 1 ' 3 SN,J wp_4651 2023

4. It is the specific case of the petitioner that in pursuance to the application made by the petitioner' respondent No'2 forwardedthepensionproposalsofthepetitionertothe respondent No.3 herein vide proceedings dated 29'07'2022' detailed rePresentation dated The Petitioner vide a the respondent No'2 herein' LL.OL.2O23 addressed to requested for examination of her application and for sanction of pension and other benefits to the petitioner' The petitioner ,n the said representation dated lt'OL'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 Ll.ol.2o23 as on date. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition. ED THE RECORD 4 t e s h e Dr ce ett te SN,J wp_4651 2023 R dirros of the q ne t,e onda vide E

5. Th_e__re le a n resDondent No 2 rri a !o n Lr.No.SErtltM R .v. Gu em SLB CP c/ G/ B/ 2a re Gv A Nal Ec 2 o 22 s o "-23/3274 n A & ) P & T qana, H Sr lxtla€td I o h c o t nt Gene Saifabad, __...! k e un r: 'With reference herewi. p.nsion paper:,Ti::::: li L,l'iiTl Ramulu Ter:hnical Officr 2s.os 2)t7 duty "..,"ril;:1: Hil'.;;;:,,:: for favorrr of taking further action.

1. Pension rules applicability certiFicate.

2. Certifi :ate of entries of Service Book.

3. No-Co Jrt (:ases pending certificate.

4. No allegation certificate.

5. No Pendingl audit objections certificate.

6. Signatrrre rtf the competent authority obtained at page no.l of iService Book. I I ., :,;,.: 5 SN,J w_4651 2Q23 Hence, it is requested to authorize the pensionery benefits and communicate to this office at an early date. The receipt of the Service Book and pension papers may please be acknowledged.'r '

6. Learned counse! appearing on behalf of the respondents submits that the writ petition could be disposed of directing the respondent No'2 to take a decision on the representation of the petitioner dated 11.01.2023 as per the proposals forwarded by the respondent No.2 to the respondent No'3 dated

29.O7.2022.

7. Learned counse! appearing on behalf of the petitioner does not dispute the said submission made by the learned counsel appearing on behalf of the respondents. a. Ta a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the 6 SN,J w .t651_2023 r\ learned Government pleader for Services_f appearing on behalf of the respondent Nos.1 and 2 and the learned counsel appearing on behalf of the respondent No.3, c) The proceedings of the respondent No.2 vide Lr.No.SE/AMR slBcp/ clcvc/AB/EC3,t2022_ 23/3274 dated 29.O7.2022 addresse,d to the respondent No.3 herein (referred to and extracted above), d) The contents of the petitioner,s repr,-asentation dated 1.1.O1.2023 , seeking passing of orders on petitioner's application for sanction of pension and other retirement benefits to the pet:itioner as per petitioner, legal entittement as per larw. e) The fact that the representation of the petitioner dated 11,01.2O23 had not been considered as on date, The writ petition is disposed of dire,:ting the respondent No.2 to consider petitioner,s representation dated 11.01 .?-O23, duly taking into consider,rtion the , / 7 SN,J w_4651_2023 earlier proposals forwarded by the respondent No.2 dated 29.O7.2022 to the respondent No.3 herein, and pass appropriate orders on the representation of the petitioner dated 11.01.2023, pertaining to sanction of pension and other retirement benefits as per Law as per petitioner's legal entitlement, within a period of four(4) weeks, from the date of receipt of a copy of this order and duly communicate the decision on petitioner's representation dated 11.O1.2O23 to the petitioner. However, there shall be no order as to costs, As a sequel, the miscellaneous petitions, any, pending in the Writ Petition shall also stand closed. SD/.P. PADMANABH DEPUTY REDDY ISTRAR //TRUE COPY// 2 sEcTto OFFICER The Principal pgcrejaly, rrrigation and^cAD Department secretariat Buildings, Hyderabad, State of Telangana -500022. The. Superintending_Engineer, Irrigation and CAD, Circle No..l , Gandhamvari Gudem, Nalgonda District. The Accountant General (A and E), Hyderabad-500004 . One CC to SRI C RAJA S_E(IIAB BEbDy, Advocare [OPUC] One CC to SRI K.BALAKR|SHNA, SC FOR AG topubl . Two CCs to GP FOR SERVICES-|, High Court f6r the State of Tetangana, at Hyderabad. [OUT] . Two CD Copies To 4 4 6 7 PSK. BS J a CC TODAY HIGH COL'RT DATED:0810412025 ORDER WP.No.4651 at 2023 c* ,( 4(\ rS €IA 21 APn 2$[ i DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,la /-,t l/ 4 /2 ?