Disposed¶36

Dommeti Subha Jyothi v. the State of Ap

Andhra Pradesh HC6 Nov 2025WP/30456/2025

Case brief

AI extract

What is this about?

Family pension / terminal benefits claim by widow of deceased government school assistant (Mathematics); claim founded on disputed Will dated 30.05.2021 (Document No.85/2021) acknowledging second marriage after death of first wife; no part acceptance of a Will — accepted in entirety or rejected in toto; petitioner's name not in Service Register; no direction to sanction family pension; liberty to approach Civil Court on status as wife; writ petition disposed of, no costs; Justice Nyapathy Vijay; High Court of Andhra Pradesh at Amaravati; decided 07.11.2025; W.P.No.30456 of 2025.

What did the court decide?

Liberty left to the Petitioner to work out her legal remedies before an appropriate Civil Court regarding her status as wife of late Dommeti Narasimha Rao and other reliefs; no order as to costs. ¶36

Dommeti Subha Jyothi Vs the State of Ap — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty left to the Petitioner to work out her legal remedies before an appropriate Civil Court regarding her status as wife of late Dommeti Narasimha Rao and other reliefs; no order as to costs.

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Issue for consideration

Whether the Petitioner, claiming to be the wife of late Dommeti Narasimha Rao on the basis of the disputed Will dated 30.05.2021 which acknowledges the marriage, is entitled to terminal benefits/family pension notwithstanding that her name does not reflect in the Service Register.

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Court's answer

The plea that the disputed 'Will' refers to the Petitioner as wife and therefore entitles her to family pension and other benefits cannot be sustained, as there is no concept of part acceptance of a 'Will' — it has to be accepted in entirety or rejected in toto.

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Ratio / Principle

In the absence of the Petitioner's name in the service records, the Respondents cannot be directed to sanction family pension to the Petitioner.

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Detailed headnote1 paragraphs

Writ Petition (Andhra Pradesh High Court, Amaravati, Nyapathy Vijay, J., disposed of on 07.11.2025) by the petitioner claiming to be the wife of late Dommeti Narasimha Rao, a School Assistant (Mathematics) who died on 31.08.2021, seeking terminal benefits/family pension on the strength of a disputed Will dated 30.05.2021 (Document No.85/2021) that acknowledged the marriage, while her name did not reflect in the Service Register. Held: (i) there is no concept of part acceptance of a 'Will' — it must be accepted in entirety or rejected in toto — hence the plea founded on the disputed Will referring to the petitioner as wife cannot sustain a claim to family pension; and (ii) with the petitioner's name absent from the service records, the respondents cannot be directed to sanction family pension. Petition disposed of leaving the petitioner free to work out her remedies before the appropriate Civil Court on her status as wife and other reliefs; no order as to costs.

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APHC010585852025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3460]

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FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 30456/2025

Between:

Dommeti Subha Jyothi

...PETITIONER

AND

The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.T V V KOTESWARA RAO

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.GP FOR SERVICES II

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The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.30456 of 2025

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O R DE R:

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The present Writ Petition is filed questioning the action of the Respondents in not considering the Representations of the Petitioner dated 21.04.2025, 14.11.2022 and 20.08.2024 for payment of terminal benefits towards the death of late Dommeti Narasimha Rao as illegal and arbitrary.

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It is stated that late Dommeti Narasimha Rao was appointed as School Assistant (Mathamatics). While working at Z.P.P. High School, Battelanka, Malikipuram Mandal, Dr. B.R. Ambedkar Konaseema District, the husband of the Petitioner had expired on 31.08.2021. The Petitioner claims to be the wife submitted Representations to the Respondent No.4 to process the Pension Papers.

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It is stated that the deceased Narasimha Rao had initially married Dommeti Satyavathi and they got one child. After the death of first wife, Narasimha Rao married the Petitioner on 13.08.2020. It is on the basis of her marriage with the deceased, the Petitioner is making claim for terminal benefits.

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It is further stated that the deceased Narasimha Rao had executed a Will on 30.05.2021 vide Document No.85/2021, wherein it is mentioned that terminal benefits are to be succeeded by the son of the deceased by name Dommeti Sri Sharan.

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Learned counsel for the Petitioner submits that the Will dated 30.05.2021 executed by the husband of the Petitioner is being disputed, but contends that the Will acknowledges the marriage of the Petitioner with the deceased Narasimha Rao, and therefore seeks for the terminal benefits in her favour.

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Sri Challa Srinivas, learned Government Pleader would submit that the Petitioner’s name is not reflecting in the Service Register and in view of the same, the claim of the Petitioner is not being processed.

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Heard the respective counsel.

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The plea of Petitioner that disputed ‘Will’ refers to Petitioner as wife and therefore entitled for family pension and other benefits cannot be sustained as there is no concept of part acceptance of the ‘Will’. The ‘Will’ has to be accepted in

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entirety or rejected in toto. Secondly, in the absence of Petitioner’s name in service records, the Respondents cannot be directed to sanction family pension to the Petitioner.

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Therefore, the Writ Petition is disposed of leaving it open to the Petitioner to work out her legal remedies before an appropriate Civil Court regarding her status as wife of late Dommeti Narasimha Rao and other reliefs. There shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed

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__________________ NYAPATHY VIJAY, J

Date: 07.11.2025

eha

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY