ATCHI LALITHA DEVI Vs. VISAKHAPATNAM PORT TRUST

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The facts of the case are that the petitioner's husband, by name, late AtchiVenkataRamana Reddy worked as BDO/OHC in M and EE Department of Respondent Port Trust, and was superannuated on 31/7/2014. Later, he died on 18/8/2020 while receiving pension. On 15/9/2020 and 6/10/2020 the petitioner addressed letters duly enclosed the Death certificate of her husband to the Respondents requesting them to release family pension to her. The petitioern has also submitted family members' certificate and wedding card with her late husband. it is stated that, earlier on account of matrimonial disputes between the petitioner and her husband, he got recorded his mother's name as nominee in his service register, but she predeceased him on 18/9/2015.Thereafter vide an Award dtd. 29/10/2018 LSA NO: 8/12/2018 by Hon'ble District Legal Services Authority, Viskahaptanam petitioner's husband agreed to enter her name as his nominee in his service register maintained by the Respondent authorities and also in the medical book for all service benefits including family pension. The petitioner submitted another representation dtd. 2/12/2020 in continuation of earlier representation duly enclosing all the documents and requested the Respondents to release the family pension at the earliest. Finally she also got issued legal notice on 13/10/2020.The 2ndRespondent vide proceedings No: IM&EE/MOF/SW/4435/132, dtd. 5/2/2021 rejected the case of petitioner on the ground that as her husband passedaway without submitting any revised nomination to incorporate her name in their records, which is illegal and contrary to the Award passed by Hon'ble DLSA, Visakhapatnam. Hence, the present writ petition.

(3.) Heard Sri P. Rajasekhar, learned counsel appearing for the petitioner.