Allowed¶24

B. Sashikalavathi v. The State of Andhra Pradesh

Andhra Pradesh HC9 Apr 2026WP/8437/2026

Case brief

AI extract

What is this about?

Family pension; widowed daughter; Category-II family pension; G.O.Ms.No.152 dated 25.11.2019; G.O.Ms.No.315 dated 07.10.2010; Andhra Pradesh Revised Pension Rules, 1980; Articles 14 and 21 of the Constitution of India; W.P.No.19671 of 2020 and batch; W.P.No.27535 of 2021; Writ Petition No. 8437/2026; High Court of Andhra Pradesh at Amaravati; Justice D Ramesh; decision dated 10.04.2026; Endorsement dated 13.02.2026; Superintendent of Police Tirupathi District; District Audit Officer.

What did the court decide?

Setting aside of the impugned Endorsement dated 13.02.2026 issued by the 3rd Respondent; respondents directed to grant and pay family pension to the petitioner under Category-II within three months from receipt of a copy of the order; no order as to costs; pending interlocutory applications, if any, stand closed. ¶24

B. Sashikalavathi Vs The State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the rejection of the petitioner's claim for family pension as a widowed daughter under G.O.Ms.No.152 dated 25.11.2019 and G.O.Ms.No.315 dated 07.10.2010 (payment limited until her children attain majority, and refused as she had crossed 45 years) is illegal and arbitrary, and whether she is entitled to family pension under Category-II.

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Court's answer

Upon perusal of the orders in W.P.No.19671 of 2020 (batch) and W.P.No.27535 of 2021, this Court is of the view that the petitioner is entitled to similar relief as granted by the Coordinate Bench.

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Ratio / Principle

The writ petition is allowed by setting aside the impugned Endorsement dated 13.02.2026 issued by the 3rd Respondent.

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Key takeaways

The respondents are directed to grant and pay family pension to the petitioner under Category-II, the exercise to be completed within three months from receipt of a copy of the order; there shall be no order as to costs.ratio¶24

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati, Writ Petition No. 8437/2026, decided 10.04.2026 by Justice D Ramesh: The petitioner, a widowed daughter aged about 46 years, challenged the Endorsement dated 13.02.2026 of the Superintendent of Police, Tirupathi District, and proceedings dated 03.01.2026 of the District Audit Officer rejecting her family pension claim on the strength of G.O.Ms.No.152 dated 25.11.2019 (family pension to a widowed daughter payable only until her children attain majority) and G.O.Ms.No.315 dated 07.10.2010, refusal being on the ground that she had crossed 45 years. Relying on the Coordinate Bench decisions in W.P.No.19671 of 2020 and batch and W.P.No.27535 of 2021 — which held that, absent amendment to the Andhra Pradesh Revised Pension Rules, 1980, such Government Order instructions cannot restrict family pension entitlement and are violative of Articles 14 and 21 of the Constitution — the Court allowed the petition, set aside the impugned Endorsement, and directed grant and payment of Category-II family pension within three months; no costs.

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APHC010160592026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3208]

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FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 8437/2026

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Between:

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B. SASHIKALAVATHI, W/O LATE SHIVA KUMAR AGED ABOUT 46 YEARS, R/O 14- 120-B, DALAVAI AGRAHARAM, SATYAVEDU, TIRUPATI DISTRICT, ANDHRA PRADESH -517588

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH 522503

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THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH 522503

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THE SUPERINTENDENT OF POLICE, TIRUPATHI DISTRICT, ANDHRA PRADESH, 517502

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THE DISTRICT AUDIT OFFICER, , STATE AUDIT , TIRUPATI DISTRICT TIRUPATI, ANDHRA PRADESH 517502

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...RESPONDENT(S):

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The Court made the following ORDER:

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This Writ Petition is filed seeking to declare the Endorsement dated 13.02.2026 issued by the 3^rd Respondent and the proceedings dated 03.01.2026 issued by the 4^th Respondent, whereby the claim of the petitioner for family pension was rejected on the ground that, as per G.O.Ms.No.152, dated 25.11.2019 issued by the 2nd Respondent, family pension to a widowed daughter is payable only up to the date on which her children attain majority, as illegal and arbitrary.

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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The learned counsel for the petitioner submits that the rejection of the application made by the petitioner based on G.O.Ms.No.152, dated 25.11.2019 and G.O.Ms.No.315, dated 07.10.2010 issued by the 2^nd respondent is unsustainable in law. In fact, the respondents have considered and rejected the case of the petitioner on the ground that the petitioner has crossed 45 years of age. It is further submitted that the said issue has already been considered by a Coordinate Bench of this Court in W.P.No.19671 of 2020 and batch, wherein it was held that without making any amendments to the rules, more particularly the Andhra Pradesh Revised Pension Rules, 1980, the instructions issued in the above Government Orders cannot restrict the entitlement of family pension. The

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Coordinate Bench further held that such instructions are violative of Articles 14 and 21 of the Constitution of India and accordingly directed the respondents to pay family pension under Category-II to the petitioners therein within a period of four (04) weeks.

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The learned counsel further submits that once the said Government Orders were declared illegal, the respondents cannot once again decide the application of the petitioner by relying upon the very same instructions.

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Considering the above submissions and upon perusal of the orders passed by this Court in the batch of writ petitions in W.P.No.19671 of 2020 and also in W.P.No.27535 of 2021, this Court is of the view that the petitioner is entitled to similar relief. Accordingly, the present Writ Petition is allowed by setting aside the impugned Endorsement dated 13.02.2026 issued by the 3^rd Respondent. The respondents are directed to grant and pay family pension to the petitioner under Category-II, and the said exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, interlocutory applications if any pending, shall stand closed.

JUSTICE D RAMESH

10.04.2026 klk

176

THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 8437/2026