'l . Dr. S.Koteswara Rao (Died as per LR's) v. State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not including the ...RESPONDENTS -dtG 1 I ! I t I ' i I t, I I name of the 2nd petitioner as Family Beneficiary for Pension of the l st petitioner and despite submitting all the relevant documents to the respondents, being illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of lndia apart from being violative of principles of natural justice and consequently direct the respondents to process the necessary applications and include the name of the 2nd petitioner as Family Beneficiary in the pension proposals of the 1st petitioner for grant of pension and other benefits to be granted to the 1st petitioner. l.A. NO: 1OF 2017(WPMP. NO: 45047 OF 20171 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 respondents to forthwith consider the case of the petitioners and include the name of the 2nd petitioner as Family Beneficiary in the pension proposals of the 1st petitioner for grant of pension and other benefits to be granted to the 1st petitioner, pending disposal of the main writ petition. lA NO: 1 OF 2018 Between: The Accountant General (A&E), Telangana, Hyderabad AND ..,PETITIONER 1 Dr. S.Koteswara Rao, S/o. Ramaiah, Aged 68 years, Retd. District T.B. Control Officer, Adialbad, R/o. H.No. 26-12-30, Bank Colony, Ba kthavatch a lan ag a r, Nellore-4. Smt. S. Ravi Kumar, W/o. Dr. S. Koteswara Rao, Aged 44 yea.s, Occ. House wife, Rl/o. H.No. 26-12-30, Bank Colony, Bakthavatchalanagar, Nellore-4. State of Telangana, rep. by its Principal Secretary, Department of ft4edical, Health and Family Welfare, Secretariat Buildings, Saifabad, Hyderabad. 2 .) 4 5 The Director of Health & Family Welfare, Telangana State, Hyderabad. The District Medical & Health Officer, Adilabad. 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 .,.RESPONDENTS vacate the interim stay granted on 4.12.2017 in WPIVIP.No. 4504712017 in W.P.No. 3625312017. lA NO: 2 OF 2018 Between:

1. State of Telangana, rep. by its Principal Secretary, Department of fVledical, Health and Family Welfare, Secretariat Buildings, Saifabad, Hyderabad. 2. The Director of Health & Family Welfare, Telangana State, Hyderabad. 3. The District Medical & Health Officer, Adilabad. , I AND 1 Dr. S.Koteswara Rao (Died as per LR's Retd. District T.B. Control Officer, Adial Colony, Bakthavatchalanagar, Nellore-4. ...PETITIONERS . Ramaiah, Aged 68 years, Rl/o. H.No. 26-12-30, Bank S/o ), b ad,

2. Smt. S. Ravi Kumar, Wo. Dr. S. Koteswara Rao, Aged 44 years, Occ. House wife, R/o. H.No. 26-1 2-30, Bank Colony, Bakthavatchalanagjar, Nellore-4.

3. The Accountant General (A&E), Telangana, Hyderabad. (the 4th respondent is the not necessary party in this petition) ...RESPONDENTS 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 vacate the interim order dt: O4.12.2017 in W.P.No.36253 of 2017. Counsel for the Petitioners: SRI HARINATH REDDY SOMA Counsel for the Respondent No.1 to 3: GP FOR SERVICES Counsel for the Respondent No.4: SRI B.NARASIMHA SHARMA The Court made the following: ORDER .=.: #:#14';:-'5t' . -.:..ee / .1,, ,,. HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.36253 of 2OL7 ORDER: This writ petition is filed for following relief: "fo issue a writ, order or d irection more particularly one in the nature of Writ of Mandamus declaring action of the respondents in not including the name of the 2nd petitioner as Family Beneficiary for Pension of the lst petitioner and despite submitting all the relevant documents to the respondents, being illegal, arbitrary and violailve of Articles 14 and 16 of the Constitution of India apart from being violative of principle of natural justice and consequently direct the respondents to process the necessary applications and include the name of the 2nd petitioner as Family Beneficiary in the pension proposals of the lst petitioner for grant of pension and other benefits to be granted to the 1st petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case."

2. The case of the petitioners is that Petitioner No.1 l I joined in Service as Civil Assistant Surgeon at Primary Health Center, Chandralapadu, Nandigama Taluq, Krishna District, on 03.07.1978 and retired from service on 31.03.2007 as District T.B. Control Officer, Adilabad. It is stated that initaially petitioner No.1 married Ms. Sepuri Sankunthala on

12.10.L97L and they were blessed with one daughter, by 2 name Ms.Sangeetha. Ms. Sepuri Sankunthala, during her lifetime, suftered from Schizophrenia and T.B., and with her consent petitioner No.1 married petitioner No.2 on

07.06.1991 and blessed with two daughters, namely Naga Priyanka and Naga Tejaswini. Ms Sepuri Sakuntala died on 02.05.2006. It is stated that after the retirement of petitioner No.1, pension proposals were forwarded to the concerned authorities in 20O7 and since then petitioner No.1 has been receiving the pensionary benefits. However, respondent No.4 rejected for grant of pension in favour of petitioner No.2 through letter dated 06.04.2009 on the ground that she is the second wife of petitioner No.1 and that the status of daughter namely Ms. Sangeetha was not intimated and not included in the list of family members.

3. It is further stated that the petitioner No.1 addressed a letter to respondent No.3 intimating the status of his daughter, by name Ms. Sangeetha along with consent letter of Sepuri Sankunthala for his second marriage and requested to forward the same to respondent No.4. ResBondent No.3, in turn, vide letter dated 11.03.2015 - forwarded the same to respondent No.2 for taking necessary ) 3 action. During the life time of Ms. Sepuri Sakuntala, petitioner No.1 declared her as nominee in 7987 . Thereafter, the name of petitioner No.2 was not included as wife of petitioner No.1 and as family beneficiary for grant of pensionary benefits despite submitting all the relevant documents. As such, the petitioners are constrained to approach this Court.

4. In the counter affidavit filed by respondent No.3, it is stated that petitioner No.1 wilfully suppressed the fact regarding the second marriage with petitioner No.2 during the lifetime of his first wife, thereby violating Rule -3 of Civil Services (Classification, Control & Appeal) Rules, 1991. In absence of required permission to contract second marriage of petitioner No.1, there is no conformity of Rules to regularize the same at this juncture, and there is no provision to include the name of his second wife as family pensioner as held by the pension sanctioning authority.

5. In view of the above, the writ petition is liable to I t be dismissed.

6. While ordering Notice before Admissin, this Court passed interim order dated 04.12.2017 directing the \ I 4 Lit respondents to consider the case of petitioner No.2 as family beneficiary in the pensin proposals of petitioner No.1 for grant of penslon and other benefits to be granted to petitioner No.1.

7. From a perusal of the record, it is evident that petitioner No.1 married petitioner No.2 with the permission of his deceased wife during her life time. Petitioner No.1 also produced relevant documents relating to the said marriage and the consent given by deceased wife of petitioner No.1 for performing his second marriage with petitioner No.2 during her life-time.

8. Having regard to the facts and circumstances of the case, the writ petition is disposed of in terms of the interim order dated 04.t2.2017 permitting the petitioner No.2 also as a family member for grant of pension and other benefits to be granted to petitioner No.1. No costs. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// SD/-K.AMMAJI EPUTY REGISTRAR SECTION OFFICER

1. The Principal Secretary, Department of Medical, Secretariat Buildings, Saifabad, Hyderabad. alth and Family Welfare,

2. The Director of Health & Family Welfare, Telangana State, Hyderabad 3. The District Medical & Health Officer, Adilabad. 4. The Accountant General (A&E), Telangana, Hyderabad.

5. One CC to SRI HARINATH REDDY SOMA' Advocate [OPUC] 6. One CC to SRI B.NARASIMHA SHARMA, Advocate [OPUC] 7. Two CCs to GP FOR SERVICES, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies BSRYBSK \ r i i HIGH COURT DATED:2410312025 ORDER 1HE S14 rc- (( o ,-,+ o (_) 17 JUll zffi \ ) WP.No.36253 of 2017 n^ ICtlF' I I I I i ; I I : : DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \\ 1 \$ b