K Nageswra Rao Vs the State of Ap

“…..to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 1 to 6 in not paying Service Terminal Benefits to an extent of petitioners' share, payable consequent upon death of petitioners' son Kancheti Murali Krishna, while working as language Pandit (Telugu) in Zilla Parishad High School at Narsapuram village. Visannapeta Mandal, Krishna District in the services of respondents, in spite of petitioners' requisition by way of legal notice submitted on 21.01.2019, as illegal, irregular, irrational, violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay the petitioners, their share of benefits, without paying the same to 6^th respondent and pass such other order or orders…...”

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Heard Smt.Nimmagadda Revathi, learned counsel for the petitioners, Sri G.Srinivasula Reddy, learned Standing Counsel for the respondents 3 and

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Learned counsel for the petitioners would submit that the petitioners

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herein are parents of the deceased, who worked as Language Pandit in Zilla Parishad High School at Narsapuram Village in Visannapeta Mandal of Krishna District. Learned counsel further would submit that after the death of their son, they got issued a legal notice to the respondents for terminal benefits due to the death of their son to an extent of their share. Whereas, 6^th respondent viz., the wife of the deceased got compassionate appointment and she wanted to grab the entire service terminal benefits without giving anything to the petitioners. Learned counsel would further submit that the 6^th respondent also secured a family member certificate showing herself and her

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sons as legal heirs to the deceased without referring the names of the petitioners. Learned counsel would further submit that a direction may be given to the respondents to give the terminal benefits upon the death of their son to the petitioners to the extent of their share.

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Learned Standing Counsel for respondents 1 to 5 would submit that the Tahsildar, Gampalagudem issued family member certificate certifying that the 6^th respondent is the wife and one Kancheti Jaswanth Ujwal and Kancheti Sri Uddesh are the sons of the deceased vide certificate dated 08.10.2018. Learned Standing Counsel would further submit that the deceased has got personal loan of Rs.8,90,000/- from the State Bank of India. The bank authorities have requested the 6^th respondent to cooperate to recover their dues from the terminal benefits of the deceased. Learned Standing Counsel further would submit that as per the amendments issued to G.O.Ms.No.315 Finance (Pension-I) Department, dated 07.10.2010 under Rule 5 of Revised Pension Rules, 1980, the petitioners herein are not eligible to get the terminal benefits since they are not in the category-I. Learned Standing Counsel would further submit that basing on the family member certificate issued by the Tahsildar and also considering the fact that there is no earning person in the family, the respondent authorities have issued an employment to the 6^th respondent, who is the wife of the deceased employee. Learned counsel would further submit that the petitioners are not residing with the family of the deceased. But their ration card shows they are with their other son Kancheti

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Jagan Mohan Rao. Learned Standing Counsel would further submit that the amounts which are available are adjusted to the loan account of the deceased. Learned counsel prays to dismiss the petition.

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Considering the submissions made and on perusal of the material on record, as rightly put by the learned Standing Counsel, in the light of G.O.Ms.No.315 Finance (Pension-I) Department, dated 07.10.2010, the petitioners are being parents, are falling under category-II. For ready reference, the relevant portion of the G.O. is extracted hereunder:

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“4. After careful consideration of the matter, Government decided to accept the above recommendations of the Pay Revision Commission and hereby order that:-

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(A) The eligible beneficiaries of family pension are divided into two categories as shown below; namely:-

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Category-I :

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(i) Widow or widower, upto the date of death or remarriage whichever is earlier.

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(ii) (a) Son / daughter (including widowed daughter) upto the date of his/her marriage / remarriage or till the date he/she starts earning or till the age of 25 years, whichever is the earliest.

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(iii) (b) Sons/daughters who are physically/mentally disabled throughout their life subject to the conditions specified therein.

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Category-II :

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(i) Unmarried/ widowed/ divorced daughter, not covered by Category-1 above, upto the date of marriage/ remarriage or till the date she starts earning or upto the date of death whichever is the earliest.

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(ii) Parents, who were wholly dependent on the Government servant when he/she was alive, provided the deceased employee has left behind neither a widow nor a child. Family pension to dependent parents will continue till the date of death.

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(B) Family Pension to unmarried/widowed/divorced daughters referred to, in Category-If and dependent parents referred to in category-il shall be payable only after the other eligible family members in the Category-I have ceased to be eligible to rev family pension and there is no physically/mentally disabled child to receive the family pension. Grant of family pension to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of family pension in that category.

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(C) The income criteria for dependency will be the minimum family pension along with dearness relief thereon.

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(D) The Childless widow of a deceased Govt. employee shall continue to be paid family pension even after her remarriage subject to the condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum family pension prescribed from time to time. The Family pensioner i.e. the childless widow, in such cases would be required to give a declaration regarding her income from other sources to the pension disbursing authority once in every six months.

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(E) (i) The widowed/divorced daughter, irrespective whether she became widowed divorced either before or after the retirement of the employee is, eligible for family pension, provided the spouse predeceases the pensioner and sons/daughters referred to in category-I above become ineligible for the Family Pension.

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(ii) Further this is applicable to all pensioners who retired either before or after the issue of orders in the G.O.Ms.No. 523 Finance (Pension.I) Department dated 22.06.2004 and G.O.Ms.No.231 Finance (Pension.I) Department dated 08.08.2008.

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(iii) For this purpose, the existing pensioners in whose cases, their spouses are deceased and sons/daughters (including physically/Mentally disabled children) referred to in category-1 became ineligible for the payment of family pension, and if their widowed/divorced daughters, thus became eligible for the payment of Family pension, have to submit proposals for the sanction and payment of the family pension to the pension issuing authorities through the respective pension sanctioning authorities duly enclosing documentary evidence in support of the divorce of the daughter and death certificate in support of the death of the husband of the daughter, provided they are wholly dependent on the pensioner.”

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In the light of the G.O. referred supra, a notification has been issued

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amending the Rule 50 sub-rule 5 of Revised Pension Rules, 1980, which reads as under:

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“In rule 50 of the said rules:-

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I. for sub-rule (5), the following shall be substituted, namely, -

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“ (5) The period for which family pension is payable shall be as follows, -

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Category- I :

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A. (i) In the case of a widow or widower, upto the date of death or remarriage whichever is earlier.

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(ii) However, in the case of Childless widow of a deceased Government employee, the family pension shall continue to be paid even after her

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remarriage subject to the condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum family pension prescribed in the State Government from time to time. The Family pensioner in such case would be required to give a declaration regarding her income from other sources to the pension disbursing authority once in every six months.

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B. (i) In the case of a son until he attains the age of 25 years or starts earring whichever is earlier,

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(ii) In the case of daughter until she attains the age of 25 years or she gets married or starts earning, whichever is the earliest.

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(iii) In the case of a son or daughter of a Government servant who is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the ages of Son/Daughter as specified in clause (i) and (ii) above the family pension shall be payable to such son or daughter for life subject to the following conditions, namely :-

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(a) If such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children in the order set out in clause (ii) of sub rule (7) of this rule, until the last child attains the ages of Son/Daughter as specified in clauses (i) and (ii) above and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life;

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(b) If there are more than one such child suffering from disorder or disability of mind, or who are physically crippled or disabled, the family pension shall be paid in the order of their births and younger of them will get the family pension only after the elder next above him/her ceases to be eligible;

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(c) The benefit of family pension to physically crippled or mentally disabled children, however, is only admissible in respect of Government employees who are entitled to family pension under this rule or under the rules specified in part II of these rules:

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(d) where the family pension is payable to such twin children, it shall be paid to such twin children in equal shares:

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Provided that when one such child ceases to be eligible, his/her share shall revert to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible single child/twin children.

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(e) the family pension shall be paid to such son or daughter through the guardian as if he/she were a minor;

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(f) before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surgeon setting out, as far as possible, the exact mental or physical condition of the child;

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(g) the person receiving the family pension as guardian of such son or daughter, shall produce every three years a certificate from a medical officer not below the rank of a Civil Surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled.”

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In the light of the aforementioned premises, there is no force in the contention of the petitioners that though they are entitled for terminal benefits of their son, the respondent authorities disbursed the same to the 6^th respondent, that apart there is no dispute about the fact that the personal loan of the deceased is cleared out of the terminal benefits.

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