PASALA GANGAMMA Vs. STATE OF A.P.

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 1st petitioner is the wife of deceased employee by name Late Pasala Ramachanraiah, Office Subordinate, ZPH School, Akruthi, Chittoor District in respondents Department. The 2 nd and 3rd petitioners are the children of the 1st petitioner. The 1st petitioner husband married one Smt. Subbamma who is the first wife of the deceased employee. In view of no issues with the first wife, he married the 1st petitioner with the consent of first wife in the year 1988. Thereafter, the petitioner blessed with 3 children. The 1st petitioner and the first wife are living together without any disputes. It is stated that the deceased employee while working as office subordinate expired on 10/4/2011. Thereafter, the first wife along with 1 st petitioner made a representation to the Respondents requested to release the pension and death-cum-retiral benefits. The Respondents did not consider their request on the ground that the family pension is not admissible to the 2nd wife as married another wife (when one wife is living) and also did not sanction and release the pension and any other pensioner benefits to the 1st wife also. It is further stated that the respondent authorities considered the compassionate appointment to the 1st petitioner's elder son as per proceedings dtd. 13/6/2015. It is stated that the elder son of the 1 st petitioner given affidavit for no objection for sanctioning of pension and death cum retiral benefits to the petitioner. Later, the 1st wife was expired on 29/8/2016. She has no children's. After expiry of the 1st wife the 1st petitioner made a representation to the Respondents along with relevant documents requested to release the pension and death cum retiral benefits of the petitioners in view of the death of her husband/deceased employee while he was in service. Due to death of first wife the applicant is eligible and entitled for pension and other pensioner benefits. The action of the Respondents not releasing the pension and death cum retiral benefits to the petitioners even though the first wife of deceased employee was expired on 29/8/2016 is highly illegal, arbitrary and contrary to A.P. Revised Pension Rules, 1980 apart from contrary to orders of this Hon'ble Court. Hence, the present writ petition.

(3.) The Counter affidavit has been filed by the respondent No.3 denying the allegations made in the petition. In the counter, it is further stated that, as per Government norms is in force, the second wife is not entitled to any type of benefits as the deceased Government servant has not taken prior permission from the competent authority to contract second marriage though the first wife is alive. The 1stapplicant while submitting the pension proposals has given an affidavit-cum-declaration duly stating that the applicant (second wife) has absolutely no objection for settling the death benefits and for granting of family pension to the first wife. At the time of death of Government employee, his only daughter and 3rd respondent in the O.A No.2554/2017 has married and living with her husband. Hence she is not entitled for claiming pensionary benefits.