K RAJYALAXMI Vs. DISTRICT TREASURY OFFICER ELURU

JUDGEMENT

(1.) This writ petition is filed seeking a declaration that the impugned Circular Memo No. 8369/251/PEN-1/85-2, dated 11-06-1985, issued by the 3rd respondent is illegal, arbitrary and without jurisdiction.

(2.) The facts of the case, in brief, are that the petitioner while working as Higher Grade Teacher retired on 31-10-1988 and since then she has been drawing her service pension. It appears that her husband, who also was working as Teacher, died on 09-01-1967. After the death of her husband, as per Clause 6 (ii) in G.O.Ms.No.340 Finance and Planning (FW.PEN.I) Department, dated 30-12-1982, the petitioner was being paid financial assistance @ Rs.100/- per month, which was enhanced to Rs.370/- per month at a later date, and accordingly she was getting the said financial assistance from 01-04-1981 to 31-03-1992. While so, the respondents issued the impugned Circular Memo, dated 11-06-1985, clarifying that the financial assistance is given on compassionate consideration and hence the said assistance is not admissible to the widows who are employed, even if otherwise eligible. Consequently, the 1st respondent issued proceedings, dated 19-04-1993, disentitling the petitioner of the financial assistance extended through G.O.Ms.No.340, dated 30-12-1982, and ordered recovery of the amount paid till the date of impugned Circular Memo, dated 11-06-1985. Challenging the said Circular Memo, the present writ petition is filed.

(3.) Heard the learned counsel for the petitioner as well as the learned Government Pleader for Finance and Planning.