Smt M a Radha Vs The State of Andhra Pradesh

The present writ petition is filed seeking a direction to the Respondents to sanction the regular pension to the husband of the Petitioner and the family pension to the Petitioner.

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The husband of the Petitioner by the name of Dr. M.A. Venkateswarlu, had worked as Medical Superintendent at the Government Area Hospital, Markapur, Prakasam District, from 18.08.2004 to 27.03.2006. During the said period, a criminal case was registered against the husband of the Petitioner by the Anti-Corruption Bureau under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, on the allegation that he had demanded a bribe of Rs. 2,000/-. The Police, after investigation, filed a charge sheet before the jurisdictional Court, and the same was numbered as C.C. No. 5 of 2007. After due trial, the Special Judge for SPE and ACB cases, Nellore, dismissed C.C. No. 5 of 2007 vide judgment dated 27.02.2012. Questioning the same, an appeal was filed by the A.C.B. before this Court vide Criminal Appeal No. 595 of 2012.

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During the pendency of the appeal, the husband of the Petitioner died on 20.03.2022. In view of the death of the husband of the Petitioner, the Criminal Appeal filed against him was dismissed as abated vide Judgment dated 15.11.2022.

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The grievance of the Petitioner now is that she is the legally wedded wife of Dr. M.A. Venkateswarlu and in view of the pendency of the criminal appeal, regular pension to the husband of the Petitioner and family pension to the Petitioner have not been granted till date and a representation was also made to the Respondent Authorities to that effect, but there is no action on the said representation.

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The learned Standing Counsel for Services-1 would submit that steps will be taken for the expeditious disbursal of the pension due to the husband of the Petitioner, as well as the family pension to the Petitioner and other retirement benefits, if not paid, as expeditiously as possible.

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Heard the learned counsels.

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Considering the submissions made, the Writ Petition is disposed of with the following directions:

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i) The Respondents shall disburse the pension due to the husband of the Petitioner, along with family pension to the Petitioner, in accordance with the provisions of the Andhra Pradesh Revised Pension Rules, 1980,

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as expeditiously as possible, with an outer limit of eight (08) weeks from the date of receipt of a copy of this Order.

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ii) There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand

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closed.

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________________________ JUSTICE NYAPATHY VIJAY