A writ petition under Article 226 seeking a declaration for pension benefits for a deceased husband was dismissed as infructuous because counsel informed the court that the cause did not survive.
The writ petition was dismissed as infructuous.
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.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE FOURTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
WRIT PETITION NO: 20660 OF 2017
Between:
...PETITIONER
AND
Petition under Article 226 of theConstitution oflndia prayingthat in the circumstances stated in the affidavitfiledtherewith,the High Court maybe pleased to issue a writ or order moreparticularly onein the natureof writ of mandamus declaring the actionof the respondents in not sanctioning pensionand other benefits relating to andpertainingto deceased MohammadKhan S/o.Ahmed Khan, Health Supervisori.e., the deceasedhusbandof the petitioner to the petitioners in the ratioof 507o to each petitionerin spite of the petitioners
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written representattc ns daled 2O-2-2O 1 7 which wa:; ackncwledged by the respondents on 24-2-2017 and 25-2-2017 and also in spite o'' th l compromise arrayed between tht petitioners and petitioners fami y me nben; by virtue of orders in LAC.No.27t, of 2017 dated 11-2-2017 passed by tht: l-ok Adarat Bench at Khammam as ill(,gal, arbitrary, unjust and also rigains: .he provisions of pension and CCCA Rules and consequential direct ons tc th€ respondents immediately sanction the pension and other benefits t(, the t)e:itioners including arrears lying to the a,)count of the petitioners deceased husbtrnl fcrthwith and to pass such other ordr:r or orders as this Honble Coun may d:enrs fit lust and proper in the circumslances of the case.
l.A. NO: 1 OF 2017(WPMP. NO: 25320 OF 20171
Petition under:lection 151 CPC praying that in the circr rrrrsta nces stated in the affidavit filed in r;upport of the petition, the High Oourt.niry be pleased to direct the respondent:; immediately sanction the pensior and otlrer l)enefits to the petitioners including arrears lying to the account of 'he petilion 3rs deceased husband forthwith pe rding disposal of the above writ ;retitiorr and to pass such other order or orders as this Honble Court may deems fit just and proper in the circumstances.
Counsel for the Petitiorrer : SRI KARUNAKAR REDDY
Counsel for the Respondents No.1to4: GP FOR MEDICAL HEA-Tl-l & FW
Counsel for the Respondents No.5to7: GP FOR FINAN(IE & t'L ANl,llNG The Court made the lcllowing: ORDER
HON'BLE SRI JUSTICE J. SREENI/AS RAO
WRIT PETITION No.2O66O of 2Ol7
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India seeking the following reliet t
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". . .To issue wit, order more particularlg one in the nature of wit of mandamus decl.aring the action of the respondents in not sanctioning pettsion and other benefits relating to and pertaining to deceased Mohammad Khan S/o.Ahmed Khan, Health Superuisor i.e., the deceased husband of the petitioner to the petitioners in the ratio oJ' 5O%, to each petitioner inspite of the petitioners witten representatiofts dated 20-2-2017 uhic'h was acknowledged by the respondents on 24-2-2017 and 25-2-2017 and also inspite of tlrc compromise arraged betuLeen the petitioners and petitioners familymembersby uirtue of orders in LAC.No.27Bof 2017 passed bg the Lok Adalat Bench at Khammam as illegal, arbitrary, unjust and also against the prouisions of pension and CCCA Ru/es and consequential directions to the respon dents immediatelg sanction the pension and other benejlts to the husband forthwith and to pass such other order or orders as /hls Hon'ble Court may deems fi.t and proper in the circumsfances of the case."
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Miscellan:ous applications, pending; if arty, sheill stand closed.
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SD/-MOHD S/\tlAULLAH ANSARI ASSIST-4\T REGISTRAR a-1A s,edTior.r oFFrcER
//TRUE COPY//
To, 1. One CC to SF I KARUNAKAR REDDY, Advocate. [OPUO] 2. One CC to GP FOR FINANCE & PLANNING, High(;orrrt ior the State of Telangana at rlyderabad. [OPUC]
BSK
SB Vl-
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HIGH COURT
DATED:04109t?.023
ORDER
WP.No.20660 of 2017
I 4firE ST4y
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DISMISSING HE WRIT PETITION AS INFRUCTI,,OUS WITHOUT CCSTS
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1 issue framed by the court
Whether the writ petition seeking pension declaration survives for adjudication.
1 provisions across 1 enactments
Mohammed Gousiya Begum
Mohammad Sabara
The State of Telangana
The District Collector, Khammam
The District Medical and Health Officer, Khammam
The Medical Officer, Primary Heath Centre, Nelakondapally
J SREENIVAS RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
