Safia Sultana Vs The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or orders, particularly one in the nature of writ of Mandamus declaring the action of the respondents No. 1 to 3 in not granting the family pension and other retirement benefits of the petitioner late husband is arbitrary and illegal and consequentty issue a direction to the respondents to release all the pensionary benefits including family pension along with interest.

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I.A.NO:'l OF 2023

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Petition Under Section 151 CPC praying that in the cir.u nstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to issue a direction to the respondents to release the family per s on including other benefits to the petitioner forthwith pending disposal of the r,rrit petition in the interest of^justice.

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Counsel for the Petitioner : SRI MOHD ASIFUDDIN

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Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADI\lllN|STRATiON AND URBAN DEVELOPMENT OEPARTMENT

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Counsel for the Respondent Nos.2 & 3 : SRI T.CHANDRA SHEKAII, SC FOR GHMC

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Counsel for the Respondent No.4 : -

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The Court made the following ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITIo N No.9919 OF 2023

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ORDER

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Heard Sri Mohd.Asifuddin, learned counsel appearing on behalf of the petitioner, leaned Assistant Government Pleader for Municipal Administration and Urban Development, appearing on behalf of respondent No.1 and Sri T.Chandrashekar, learned Standing Counsel for GHMC, appearing on behalf of respondent Nos.2 and 3.

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2. The oetition er aooroached the Court seekinq oraver as u n der:

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"...to issue a writ, order or orders, particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.1 to 3 in not granting the family pension and other retirement benefits of the petitioner late husband, is arbitrary and illegal and consequently issue a direction to the respondents to release all the pensionary benefits including family pension along with interest and to pass such other order or orders appropriate in the case."

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It is a speciflc case of the petitioner that the petitioner and respondent No.4 are the wives of Late Yousuf Khan, who died on 17.03.2019, after his retirement on Superannuation. Subsequently,

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urP eelq:o)r

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the petitioner approached respondent irrithorities seeking family pension and other pensionary benefits be,g the first wife of the deceased - Em ployee, but it came to the lnowledge of the petitioner that the deceased husband had performed second marriage with respondent No.4. Thereafter, thr: rs1;11..ar made a representation dated 06.01.2022 to the responLi(: r t No.3 seeking to divide pension equally to the petitioner and resp,ondent No.4, but the respondent Nos.1 to 3 refused to grant famiry rension and other retirement benefits to the petitioner of her lcceased_husband. Aggrieved by the action ofthe respondent Nos.r t(,3, the petitioner herein approached the Court by filing the present ,n.it petition.

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PE USE TH RE ORD:

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4 A bare perusal of the contents of Memo, cated 27.07.2023 filed by the petitioner herein indicates that in,,ompliance to the directions of this court to take out personar r. ice to unofficiar respondent No.4 in the present case, the pe :trioner took out personal notice, but however the said notice had rr: urned back with an endorsement that no such person resides in the r;iven address.

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5' Learned counser appearing on b6harf of the r, rtitioner submits that in spite of the petitioner,s representation ct; ted 06.01.2022 made to the respondent No.3 and the same being er :knowledged by

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at

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J wP 9919 2023

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the office of respondent No.3 in January, 2022 itself yet, no orders had been passed on the said representation as on date.

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Learned Standing Counsel appearing on behalf of the respondents submits that the petitioner and respondent No.4 are the first and second wife of the deceased employee and the remedy open to the petitioner is to approach the Civil Court and obtain succession certificate so that family pension and other retirement benefits can be paid as adjudicated by the Civil Court basing on the succession certlficate.

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Learned counsel appearing on behalf of the petitioner submits that when there is no dispute that the respondent No.4 is the second wife of the deceased husband of the petitioner, the question of approaching Civil Court would not arise so far as the marital status of the respondent No.4 is concerned and the petitioner wife accepts that respondent No.4 is the second wife of the deceasedemployee late Yousuf Khan and therefore. the petitioner should not be driven to approach the Civil Court for the purpose of family pension and other retirement benefits the same could be divided into two equal parts between the petitioner and the respondent No.4 as per law and appropriate orders may be passed on petitioner's representation dated 06.07.2022 by the respondent No.3 herein.

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wP 9919 20U

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B. This Court opines that in view of the Fact tnat the primary concern of the petitioner is limited to the exteni c f dividing pension and other retirement benefits equally to th: petitioner and respondent No.4 and petitioner is not disput,Ig that the 4rh respondent herein is the second wife of the decea;ed employee late Yousuf Khan, this court opines that the petitior er is entitled for consideration of petitioner's request, in accordanr:, I to law by giving reasonable opportunity to both the petitioner and the 4rh respondent herein.

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Taki nq into con sideration:

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(a) The facts and circumstances of thr:: case,

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(b) The submissions made by the learned counse! appearing on behalf of the petitioner arrrd the learned Standing Counsel appearing on behalf of the n3spondents,

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(c) The representation of the F,€^titioner dated O6.OL.2022 admittedly had not been considered as on date by the respondent No.3 though it had been ackncwledged by the office of the respondent No.3 on O6.01.2O22.

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Therefore, the writ petition is disposed ,rf directing the respondent Nos.1 to 3 to consider l:f re petitioner,s

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wr, 99 19 102i

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representataonr dated 06.01.2022 addressed to the respondent No.3 in accordance to law, in conformity with the principles of natural justice by giving an opportunity of personal hearing to the petitioner and also to the respondent No.4 and decide the subject issue pertaining to the division of family pension and pensionary benefits of petitioner,s late husband Sri Yousuf Khan between the petitioner and the respondent No.4 herein equally, within a period of four (4) weeks from the date of receipt of a copy of this order and duly communicate the decision on petitioner,s representation, dated 06.01.2022 to the petitioner and the respondent No.4, However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if

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any, pending in the Writ Petition shall also.stand closed

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SD/.U.SUDHA ASSISTANT REGISTRAR //TRUE COPYII @ SECTION OFFICER

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To

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