(1.) In all the writ petitions either widowed daughter or divorced daughter of deceased retired Government Servant are the petitioners, filed these petitions under Article 226 of the Constitution of India for issue of Writ of Mandamus to declare the G.O.Ms.No.152 Finance (HR.III - Pension) Department dated 25.11.2019 in so far as amendment made to G.O.Ms.No.315 Finance (Pension-I) Department, dated 07.10.2010 under Para No.5 of the said G.O. prescribing the eligibility to receive family pension up to the date of their children becoming majors and up to 45 years w.e.f issuance of G.O.Ms.No.315 Finance (Pension-I) Department dated 07.10.2010 as illegal, arbitrary, capricious, whimsical, resulting in violation of Article 14, 21 and 300-A of the Constitution of India and consequently set aside the said G.O.Ms.No.152 Finance (HR-III Pension) Department dated 25.11.2019 in so far as amendment made to G.O.Ms.No.315 Finance (Pension-I) Department dated 07.10.2010 under Para No.5 of the said G.O prescribing the eligibility to receive family pension up to the date of their children becoming majors and up to 45 years w.e.f issuance of G.O.Ms.No.315 Finance (Pension-I) Department dated 07.10.2010.
(2.) In all these petitions, the plea of the petitioners and the respondents is one and the same. Therefore, I find that it is expedient to decide all these petitions by common order treating the Writ Petition No.19671 of 2020 as leading case.
(3.) The petitioners impugned G.O.Ms.No.152 Finance (HR.III - Pension) Department dated 25.11.2019 in all the writ petitions. The petitioners in Writ Petition No.19671 of 2020 and other petitioners are dependents on their parents due to divorce dissolving the marriage between the petitioners and their husbands or due to demise of their husbands. They were receiving family pension being the dependents on father/mother, who served as Government Servant and retired from service, as per their eligibility in terms of G.O.Ms.No.315 Finance (Pension-I) Department dated 07.10.2010. While the matter stood thus, an arbitrary decision as taken by the State and issued G.O.Ms.No.152 Finance (HR.III - Pension) Department dated 25.11.2019 amending G.O.Ms.No.315 Finance (Pension-I) Department dated 07.10.2010 disabling the widowed/divorced daughter being family pensioners, who attained the age of 45 years or whose children became majors. By virtue of G.O.Ms.No.315 Finance (Pension-I) Department dated 07.10.2010 all the petitioners became eligible for family pension being dependents on their parents, who died after their retirement as government servant on fulfilment of various other conditions as prescribed in the G.O.Ms.No.315 dated 07.10.2010. All the petitioners drawing family pension basing on the recommendations of the concerned department, in which their parents served and retired thereafter. The details of grant of pension in writ petition No.19671 of 2020 are given hereunder in the table.
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