E.Narsaiah, Vs State of Telangana

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[³³⁰² ]

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1730

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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRIJUSTICE K. SARATH

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l.f{.arya!1h,^{S/o. Late} L_apaiah,^{Aged about 70 years,Occ. Unemployee,Rl/o.} H.No.6-35, Vilasagar Village, Boinpally Mandal, Rajanna Siricilla Oistrict.'

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D

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State of Telangana, Rqq.. b.y its Principal Secretary, Finance and planning Department, Secretariat, Hyderabad.

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The Director of Treasuries, State of Telangana, Hyderabad

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The Deputy Director, District Treasury Office, Karimnagar District.

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The District Audit Officer, State Audit, Jayashankar Bhupalpally District.

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S Ifrg Assistant Treasury Officer, Boinpally Mandal, Boinpally, Rajanna Siricilla District.

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Inq Deputy.Director, Sctreduled Caste Development Department (SCDD), Karimnagar, Karimnagar District.

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The District S.C. Development Officer, Jayashankar Bhupalpally District.

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The District Collector, Jayashankar Bhupalpally Distdct.

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C.O. dt. 10.02.2026 vide 1.A.No.2 ot 2024; R7 & R8 are impleaded; c. . amended.

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RESPONDENTS

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Petition under Article 226 ot 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 direction particularly one in the nature of Writ of Mandamus to declare the action of the respony'ents in not paying the family pension to the petitioner without being any valid reasons since from 2013 onwards, whereas has his deceased Wife who worked as Cook at Government SC Girls Hostel, Gangaram, expired on 27.03.2012 while in service is illegal

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arbitrary and unconstitutional with a consequential direction to the respondents to pay the family pension to the petitioner regurarry in terms of G.o.Ms.No.Sg dated 11.o6.2ct21 and cir.Memo.B1t2\ott2o21 dated 29.08.2022 along with arrears of pen:;ion on the anology of the Judgment of this Hon ble court in W.P.No.2149 01'2023 dated 27.01 .2023.

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NO: I

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Petition under Section 1sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to pay the family pension to the petitioner regularly in terms of G.o.tvls.No.58 dated 11.06.2021 and cir.Memo.Bl/280Tt2021 dated 29.08.2022 along with arrears of pension on the anology of the Judgment of this Hon'ble court in w.P.No.2149 of 2023 dated 27.01 .2023 pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRt NAYAKAWADT RAMESH

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Counsel for the Respondents: AGp FOR SERVTCES-!|I

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The Court made the following: ORDER

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f-

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TN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE K.SARATH

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W.P.No. 2L73O of 20.24

Date:1o.02.2o26

Between:

E. Narsaiah.

...Petitioner.

And

State of Telangana and others.

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...Respondents

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oRp_ER:

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I{eard learned counsel for the petitioner and Iearned Assistant Governmcnt Pleader for Services-Ill lbr i-[rc respond.ents.

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'2. This writ petition is filed questioning the action of the respondents in not paying the family pension to the pctitioner rvithout any valid reasons since from 2oL3 onrvards as his wi[e, who worked as cook, at Government SC Girls Hostel, Gangaram, expired on 27.O3.2012 while in service as illegal and arbitrary and conseqrrently direct tlie respondents to pay the family pension to the petitioner regularly in terms of G.o.Ms.No.S8 dated Ll.06.2o2L and

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2

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SK, J W.P.No.2l73O of 2024

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cir.Mem3.B1 l28or /2o2L dated 29.og.2022 along \Mith arrears of pension on the analogy of the Judgment of this court in w. P. N o .2 r49 of 2023 dated 2T .o L .2023 .

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L,earned counsel for the petitioner submits that the deceased wife of the petitioner late E. Kanakamma, who worked ars cook at Government sc Girls Hostel, Gangaram expired on 27.o3.2oL2 while in service. Initially, the respondents have granted family pension to the petitioner. Thereafte. stopped payment on the ground that the Government has withdrawn the procedure with subscription from new pension system in view of the Memo No.Dr /2066 /2014 dated rr.Ll.2o14. Thereafter, recently the Goverrlment extended invalidation pension and family pension to the state Government employees and their family mernbers. In pursuant to the above, the Government also issued relevant procedure for sanction of family pension t,l the dependents of deceased Government employees through Government circurar

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Memo.Bl /t28or /2021 dated 2g.og.2o2L in terms of the

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.3 sK, J W.P.No.21730 of 2024

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orders issued in G.o.Ms.No.s8 (Finance Department) dated LL.O6.2O2L.

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In view of the same, the petitioner is eligible for family pension and made several applications to the respondents. As on this date, the respondents have not considered the case of the petitioner for payment of family pension and requested to pass appropriate orders.

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Learned Assistant Government pleader for Services-Ill submits that the respondent authorities have forwarded the application of petitioner to the respondent No.7-District scheduled caste Development officer, Jayashankar Bhupalapally District and tirey will consider the case of the petitioner as per rules and pass appropriate orders in appropriate proceedings.

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6- After hearing both sides, this court is of the considered view that the writ petition is disposed of directing the respondents to consider the case of the petitioner for providing family pension as per G.o.Ms.No.Sg (Finance Department) dated Ll.o6.2o2r and circular

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SK, J W.P.No.2 t73O ot 2024

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Memo.Ilr/2\or /2o2L dated 2g.o8.2o22 within eight (s) weeks fiom the date of receipt of copy of this order. There shall be no order as to costs.

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7 Miscellaneous petitions, if any pending in this writ petition shall stand closed.

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sD/-c.

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//TRUE COPYII