Disposed

Kothapalli Ramalakshmi v. the Eastern Power Distribution Company

Andhra Pradesh HC17 Oct 2023WP/23837/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ under Article 226 and a money-recovery petition (Sec. 151 CPC) seeking family pension as unmarried daughter. Court directed the 3rd respondent to consider her representation and sister affidavits within eight weeks.

What did the court decide?

Directed the 3rd respondent to consider the petitioner's application for family pension and pass appropriate orders within eight weeks.

Kothapalli Ramalakshmi Vs the Eastern… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA vs

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WRIT PETITION NO: 23837 OF 2023

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Between:

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Kothapalli Ramalakshmi. D/o K.Apparao, aged about 44 years. R/o H.No.4-156, Balaji Nagar, S.Kota Village and Mandal, Vizianagaram District.

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...Petitioner

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AND

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The Eastern Power Distribution Company, rep.by M.D., Vijayanagaram.

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The Superindenting Engineer, A. P. E. P. D. C. L., Vizianagaram District.

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The Executive Engineer, Operation Division, Vizianagaram.

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the respondents in not extending the family pension to the petitioner as under unmarried daughter entitled as illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondent to sanction of the family pension of her father to the petitioner.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to extend the family pension of her father to the petitioner pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI RELLI SURYANARAYANA

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Counsel for the Respondents: SRI METTA CHANDRA SEKHAR RAO,

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SC for APEDPCL

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The Court made the following: order

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THE HONOURABLE SMT JUSTICE V. SUJATHA

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WRIT PETITION No.23837 of 2023

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ORDER:-

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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"...to issue a writ or order or direction, more particuiarly one in the nature of Writ of Mandamus to deciare the action of the respondents in not extending the family pension to the petitioner as under unmarried daughter entitled as illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondent to sanction of the family pension of her father to the petitioner..."

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Heard Sri Relli Surya Narayana, learned counsel for the petitioner and Sri Metta Chandra Sekhar Rao, learned Standing Counsel for respondents. Perused the material on record.

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The case of the petitioner is that the father of the petitioner viz., K.Appa Rao, was retired from service on attaining the age of superannuation on 28.02.2001, when he is working as junior line man in the respondents distribution company at T.B.Vara Village, S.Kota Mandal, Vizianagaram District and later he was died on 04.06.2006. Thereafter, the

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■7

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family pension was extended to her mother by name K.Ramayamma, by the respondents. The grievance of the petitioner is that after expiry of her mother, the petitioner made an applications, dated 02.10.2021 and 16.09.2023 requesting the 3'"'’ respondent for extension of family pension to her as she is an unmarried daughter of late K.Appa Rao and Ramayamma but no orders are passed so far. Learned counsel for the petitioner also filed a letter in Rc.No.483/2022/SA, dated 15.12.2022 addressed to the 3*^ respondent by the Tahsildar to consider the family member certificate for consideration of extension of family pension and affidavits of the petitioner's sisters for extension of family pension to the petitioner.

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In view of the above, this Court feels it appropriate to dispose of the Writ Petition directing the 3rd respondent/Executive Engineer to consider the case of the petitioner for extension of family pension and pass appropriate orders on the representation made by the petitioner, dated 16.09.2023, duly taking into consideration of the no objection affidavits submitted by the sisters of the petitioner as well as keeping in mind the letter addressed by

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the Tahsildar to the 3"* respondent on 15.12.2022 within a period of eight (8) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this writ

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petition shall stand closed.

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Sd/-P.VINOD KUMAR assistant registrar

//TRUE COPY//

SECTION OFFICER

Ont CC to Sri 5. One CC to Sri mS a cKra Advocate [OPUCJ ' Two CD Copies Sekhar Rao, SC for APEPDCL [OPUCJ

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HIGH COURT

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DATED: 17/10/2023

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ORDER

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WP.No.23837 of 2023

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DISPOSING OF THE WP WITHOUT COSTS

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X 0 2 DEC?"”
Cun«hi t

Kothapalli Ramalakshmi v. the Eastern Power Distribution Company

Case brief

What is this about?

What did the court decide?

Kothapalli Ramalakshmi v. the Eastern Power Distribution Company

Case brief

What is this about?

What did the court decide?

What the court decided

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