THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34070 of 2014
Dated : 05.12.2014
Between:
Bhupathi Subadra W/o. Late Mogilaiah, Aged 80 yrs, Occu : Household, R/o.Mulkanoor Village, Bheemadevarapally Mandal, Karimnagar District & 3 others .. Petitioners And Union of India, Accountant General (A&E), A.P. Saifabad, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34070 of 2014
ORDER :
The case of the petitioners is that late Mogilaiah, Late Veeramallu, Late Raji Reddy and Late Veeraiah, have participated in the Freedom struggle for liberation of Hyderabad. In recognition of their services, they were granted pension. However on the false claims made by some of the persons, the Government stopped pensions to all of them. On review of the earlier orders, the Government issued orders in G.O.Ms.No.363 Revenue (FF.II) Department dated 25.05.1998 restoring the pension.
2. Subsequently, the pensioners who are the husbands of the petitioners respectively died. After the death of the pensioners, the petitioners are entitled to receive family pension. However, no family pension is paid even though they have made several representations for grant of family pension.
3. Learned Government Pleader submits that insofar as petitioners 1 to 3 are concerned the pension payment orders are issued but family pension is not released to them, since they have not produced the live certificate as per SR 77-A of the A.P. Treasury Code, as the same is necessary. As and when such certificate is produced, the pension would be processed and released to them. He further submits that in sofar as 4th petitioner is concerned, no application is filed for grant of family pension and therefore, the pension payment order was not issued. Unless an application is filed the Pension Payment Orders cannot be processed and released.
4. Learned Counsel for the petitioners submits that the petitioners 1 to 3 would immediately submit application to the 2nd & 3rd respondents showing the proof that they are alive and as and when such application is filed, the 2nd & 3rd respondents shall process the said application and release the pension including arrears.
5. Having regard to the said submission the petitioners 1 to 3 are directed to submit an application to the 2nd & 3rd respondents showing the proof that they are alive and as and when such application is filed, the 2nd and 3rd respondents shall process the said application and if the petitioners 1 to 3 are entitled, release the pension including arrears, within a period of eight weeks from the date of receipt of such application.
6. Insofar as the 4th petitioner is concerned, since she has not even applied for grant of family pension, the question of releasing of pension does not arise. However, liberty is granted to the 4th petitioner to submit an application to the competent authority.
7. Subject to the above directions and observations, this writ petition is disposed of. There shall be no order as to costs.
8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 05th December, 2014
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