P. Amaravathi v. 1. The State of Telangana

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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings vide Lr No. 06/T-4 Pen/DD-HYD 12025-2026 dated 08.04.2025 issued by the 3rd respondent herein rejecting the application dated 12.08.2024 submitted by the petitioner herein requesting to grant family pension on the retirement dated 31 .03.20'16 and death dated on 02.06.2021 of the late husband of the petitioner namely. P. Narendar, P.C No. 7661 without considering the documents submitted by the petitioner herein along with the copy of the order passed in Crl RC No. 924 ol 2O05 is being -@7 illegal, arbitrary unreasonable and violation of the principles of natural justice and, violative of Article 14 and 21 of the Constitution of lndia contrary to the service rules and consequently direct the 3rd respondent herein to grant family pension in favour of- the petitioner herein by considering the application dated 12.08.2024 submitted by the petitioner herein. l.A.NO:1 OF 2025 Petition Under Section 151 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 3rd respondent herein to grant family pension in favour of the petitioner herein by considering the application dated 12.08.2024 submitted by the petitioner herein, forthwith pending disposal of the main writ petition. Counsel for the Petitioner : SRI KOPPULA GOPAL Counsel for the Respondent Nos.'|,4 & 5 : GP FOR HOME Counsel for the Respondent Nos.2 & 3 : GP FOR FINANCE AND PLANNING The Court made the following ORDER ../ , THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA IIIRIT PETITION No. 12344 of 2O25 ORDER: Heard Mr. Koppula Gopal, learned .counsel for petitioner and learned Government Pleader for Home for respondents 1, 4 and 5

2. The case of the petitioner is that her marriage was performed with Sri P. Narendar, son of Veeraiah, under Hindu rites and customs. After their marriage, her husband joined the police department as a constable with P.C.No.7661, and out of their wedlock, they were blessed with two daughters. Subsequently, while working at P.S. Mangalghat, he developed illicit relations with another woman and failed to provide the necessities to family. As a result, the petitioner, along with her children, filed M.C. No. 48 of 2OO4 along with Cr1.M.p.No.337 of 2005 seeking interim marntenance and the learned II Metropolitan Magistrate granted interim maintenance vide order dated 25.O4.2OO5. Challenging the said order, petitioner's husbard filed Crl.R.C.No.924 of 2OO5 before this Court and the sarne was dismissed. *.- -/ 2 N8K,I W.P. No.12344 of 2025 3 Later, petitioner's husband retired from service on superannuation on 31.03.2016. Subsequently, the disputes between the petitioner and her husbald were resolved before the elders, and thereafter, both of them started living together in their own house. It is averred that after his retirement, as his wife, the petitioner took care of her husband as he was suffering from age-related ailments. In fact, due to the matrimonial disputes between the petitioner ald her husband the name of the petitioner was not mentioned as a nominee in his service records. Even at the time of his retirement, he did not include her name in the pension application becamse cases were stil1 pending before the competent court. However, after his retirement, her husband P. Narendar teafized the situation, and the disputes were resolved. After the demise of her husband, the petitioner submitted an application dated P.OA.2O24 to respondents seeking a family pension following the death of her husband, who retired on sr-rperannuation on

31.03.2016 and passed away on O2.O3.2021 .

4. Learned counsel for the petitioner made submissions on the lines of writ affidavit and requested this Court to direct the 3 NBX,,, W.P. No.123'14 of2025 respondents to consider the application dated 12.08.2024 of ttre petitioner as expeditiously as possible.

5. Learned Government Pleader for Home for respondents, submits that the petitioner's husband did not provide details of his family members at the time of his retirement, nor was a joint photograph attested. Consequently, the petitioner's application was rejected vide letter dated O8.04.2O25.

6. In view of the submission made by learned counsel appearing on either side, without expressing any opinion on the merits of the case, respondent authorities are directed to consider the petitioner's application dated 12.Oa.2024 and pass appropriate orders in accordance with law within a period of eight (08) weeks from the date of receipt of copy of this order and communicate the same to the petitioner. 7 . With the above said direction, this Writ petition is disposed of. No costs. Miscellaneous applications, if any pending, shall stand cIosed. //TRUE COPY// SD/. T. VIJAY KUMAR DEPUW REGISTRAR SECTION OFFICER To Telangana at HYderabad. '1. The Principal Secretary, Home Department, Se z. 1,e i6,ntbirector, pension payment office, .lvl.J.Road, Nampally, Hyderabad 5. fh" O"prty Director, State Audit, Hyderabad' riat Buildings, State of W\ :l . .,..:i ' ,/ \ Hvderabad. Hyderabad.

4. The commissioner of Police, command and control centre Banjara Hills, s. it; A;;i6nal Commissioner of Police,, Twin Cities, Basheerabad' 6- i;;-Ct;io GP FOR HOIr/E, High Court for the State of Telangana at z r,iro c-cs to'cp rbn FTNANCE AND PLANNING, High court for the state of s. o;; ct to sRtkoppullcoPAL' Advocate [oPUC] 9. Two CD CoPies Telangana at HYderabad. [OUT] Hyderabad. [OUTI SA GJP HIGH COURT DATED:2410412025 , , l rlE Sr)\I o c 6 o^\ J o o 17 JIJN ilM * or. n,,-L.!. u',, I 2/ ORDER WP.No.12344 o12025 DISPOSING OF THE W.P WITHOUT COSTS. t+