WP/27689/2005 of Dongri Lakshmi, Vs The A.P.GENCO represented by its Chief Engineer, on 28 December 2005

ORDER:

The petitioner states that her husband was employed in the first respondentorganization and retired from service on 30-06-1988. It is stated that the husband ofthe petitioner died on 28-12-2004. She pleads that she made a representation dated27-04-2005 for payment of family pension and complaints that no action has beentaken thereon.

Heard the learned counsel for the petitioner and the learned Standing Counsel forthe respondent.

From the facts stated by the petitioner in the affidavit filed in support of the writpetition, it is not clear as to whether her husband was paid any pension afterretirement from service and if so, the time at which it was stopped. The payment of family pension is governed by the relevant pension rules and it would depend uponthe question as to whether the petitioner fulfilled the conditions for payment of familypension. The right of the petitioner to receive the same as a legal heir is anothermatter. It is, however, an issue which needs to be taken into account by therespondents while considering the representation of the petitioner. The mattercannot be kept pending indefinitely.

For the foregoing reasons, the writ petition is disposed of, directing the respondentsto pass appropriate orders, on the representation dated 27-04-2005 made by thepetitioner, within a period of three months from the date of receipt of a copy of thisorder.

In case, the claim of the petitioner is not accepted, they shall state reasons thereof.

28-12-2005

_____________