R JANKI Vs. SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT

JUDGEMENT

(1.) The petitioner questions the proceedings dated 20-4-2001 of the Accountant General, A.P., Hyderabad, wherein the proposals submitted for payment of the family pension to the petitioner were rejected on the ground that the petitioner's husband died on 25-2-1992 i.e. before 1-11-1992, and he was not eligible for the revised family pension under the Andhra Pradesh Revised Pension Rules, 1980 as per the A.P. Aided Degree, Oriental and Junior Colleges Staff Pension Rules, 1993 issued in G.O.Ms.No.2, Education (C.E.-III), dated 5-1-1994.

(2.) This Court, by an order dt. 19-12-2003 granted interim order directing the respondents to consider the case of the petitioner for grant of revised pension as per the rules and decision of this Court in W.A.No.1219 of 1999 and batch, dated 3-8-1999. As the said interim direction was not complied with Contempt Case No.776 of 2004 was filed on 30-6-2004. After filing of the Contempt Case, the District Educational Officer, Vizianagaram passed on order, dated 24-7-2004 rejecting the case for payment of family pension to the petitioner on the ground that it is not possible or feasible to grant family pension in terms of G.O.Ms.No.2, dated 5-1-1994 as the said Government Order is applicable to the teachers who have retired from service between the period from 29-10-1979 to 1-11-1992. In the instant case, the husband of the petitioner Dr. R.R.S.Prakash Rao died on 25-2-1992 i.e. before 1-11-1992, therefore, he is not eligible for the revised family pension under the Revised Pension Rules, 1980. The Accountant General, vide his letter No. ALP/PLC/03-04/505, dated 9-2-2004 rightly rejected the case of the petitioner as she is not eligible for the revised family pension as per the G.O.Ms.No.2, dated 5-1-1994.

(3.) The learned counsel appearing for the petitioner has submitted that the action of the respondent in not sanctioning the revised family pension to the petitioner is illegal and he prays to issue a direction declaring that the petitioner is eligible and entitled to refixation of the family pension on the basis of last drawn pay by her demised husband and for grant of pensionary benefits from 1-11 -1992 and also to direct the respondents to grant admissible interest on the pension amount to the petitioner on the basis of the above fixation.