A writ petition regarding the delay in granting family pension to the divorced daughter of a deceased employee was disposed of, directing the respondent to decide within two months.
Authority directed to pass appropriate orders on the pension claim within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.22440 of 2011
ORDER:
The mother of the petitioner was employed in the Andhra Pradesh Residential Educational Institutions Society, respondent No.1 herein. She is said to have died on 11.02.2010 while in service. The petitioner submitted a claim for sanction of family pension stating that she is the divorced daughter of the deceased employee. Her grievance is that the family pension was not sanctioned as yet. The petitioner places reliance upon G.O.Ms.No.315 Finance (Pension-I) Department, dated 07.10.2010.
Heard the learned counsel for the petitioner and the learned Government Pleaders for respondent Nos.3 and 4.
It is not known as to whether respondent No.1 is governed by the provisions of G.O.Ms.No.315, dated 07.10.2010. The petitioner submitted her claim for sanction of family pension. The question as to whether she is entitled to be granted such a pension needs to be examined. In case the petitioner is entitled thereto, necessary orders releasing the pension can be passed and on the other hand, if she is not entitled for the benefit for any reasons, such reasons must be communicated to the petitioner as early as possible. The matter cannot be kept pending indefinitely.
Hence, the writ petition is disposed of directing the respondents to pass appropriate orders on the representation submitted by the petitioner, within a period of two (2) months from
the date of receipt of a copy of this order. There shall be no order as to costs.
_____________________ L.NARASIMHA REDDY,J Dt:09.08.2011. kdl
2 issues framed by the court
Whether the petitioner, as a divorced daughter of a deceased employee, is entitled to family pension.
Whether the authorization under G.O.Ms.No.315 applies to the respondent society.
The Petitioner
Andhra Pradesh Residential Educational Institutions Society
L.NARASIMHA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
