WP/32712/2023 of Smt. Farzana Asra Vs The State of Telangana, on 29 December 2023

1. househotd, Smt. Farzana R/o.H.No. Asra, 1 Wo. 7-2-4zola, Lglg Syed Kirrmagudr,GiiOabrO] Shamsuddin, aged HVU-Jra6ii69 years, Occ :2. Syeda. Amina Anjum. Dlo househotd, R/o.H. No. 1 7-2-470lA, Kurmaguda, . _L_qle .Syed [Shamsuddin, ]SitOitiaOl [aged ]rf vO.;r6;;.-' [42 ][years, ]Occ - [*']i2. Syeda. Amina Anjum. Dlo househotd, R/o.H. No. 1 7-2-470lA, Kurmaguda, . _L_qle .Syed [Shamsuddin, ]SitOitiaOl [aged ]rf vO.;r6;;.-' [42 ][years, ]Occ - [*']i3. househotd, Syeda. Faiz_ Rl/o. Unnisa, H No. D/o 1t-2_4totA.k"r-JgJoi, - Late Syed Shamsuddin, SaidlU"d, aged Hyd"irb;jl 37 years, Occ -* :'

.....PETITIONERSANO

1The State of Telanoana. reo by its prl. Secretary, Home (Op) Department,Secretariat, Hydera-bad.Secretariat, Hydera-bad.

2The Assistant Pension payment Officer, Narayanguda, Near pochammaTemple Gemini Cotony, tvli:sheeraoad, HydeiSbJd SOt bi+.Temple Gemini Cotony, tvli:sheeraoad, HydeiSbJd SOt bi+.

.,...RESPONDENTS

Petition under Articre 226 of the constitution of tndia praying that in thecircumstances stated in the affidavit fired therewith, the High court may bepleased to issue a writ, order or drrection more particurarry one in the nature ofMandamus, decraring the action of the respondents in not granting the pensionerbenefits of husband of the 1st petitioner and father of the petitioners 2 and 3namely Late Syed Shamsuddrn without considering the Judgment dated2710912023 passed in o.s.No- 7ro of 2023 on the fire of court of the XrX Juniorcivil Judge, city civir court, Hyderabad and arso the representation datednamely Late Syed Shamsuddrn without considering the Judgment dated2710912023 passed in o.s.No- 7ro of 2023 on the fire of court of the XrX Juniorcivil Judge, city civir court, Hyderabad and arso the representation dated2711012023 of the petitioners is iflegar, arbitary and against the principres ofnaturar justice and arso viorative of Articres 14, 1g,21 and 300-A of constitutionnaturar justice and arso viorative of Articres 14, 1g,21 and 300-A of constitution {

of lndia and consequently direct the 1st respondent [to direct ][the ][2nd ][respondent]to issue [pensionary ]benefits to the [petitioners ][in ][the ][interest ][of ][justice.]

|.A.NO:1 OF 2023

Petition Under Section 151 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 1"t respondent to direct [the ][2nd ][respondent ][to ][issue ][pensionary]benefits to the [petitioners ]in connection [with ][the ][benefits ][of ][Late ][Syed]Shamsuddin' by considering the [representation ][dated ][2711012023 ][who ][were]declared as legal heirs as the Judgment [and Decree daled ][2710912023 ][passed ][in]O.S.No.710 of 2023 on the file [of ][court ][of the ][XIX Junior ][Civil ][Judge, City ][Civil]Court, Hyderabad, [pending ]disposal of [the above main ][wril ][petition.]

Counsel for the Petitioners : SRI DINESH [JAISWAL]

Counsel for the Respondent No.1 [: ]G.P [FOR HOME]

Counsel for the Respondent No.2 : GP [FOR ][SERVICES'I]

The Court made the following ORDER

THE HON'BLE [SRI ][JUSTICE ][PULLA ][KARTHIK]

WRIT PETITIONNo[.327L2 ][ol2o23]

o RDER:

This Writ Petition is [filed ][seeking ][the following ][relief:]

"...to issue a [Writ, ][Order ][or ][direction ][more]one in the [nature of Mandamus, ][de.claring]particularly the actioi of the [respondents ][in ][not ][granting ][tte]pensioner benefits of [Lrusband ][of ][the ][7st ][petitioner and]jaher of the petitioners No-2 and 3 namelg Late [Sged]'shamsiddin n-tithout consideing the Judgment dated27.09.2023 [possed ][in ][O.S-No.710 ][of 2023 ][on ][the ]fileof court of the [XIX ][Junior ][Ciuil ][Judge, Citg Ciuil ][Court,]and [also ][the ][representation, ][dated]HgderabLa Z7.IO.ZOZS of [the ][petitioners ][is ][illegal, ][arbitrary ][and]the [pinciples ][of ][natural ][justice ][and ][also]against uiolatiue of Artic[es [14, ][19, ][21 and ][3OO-A ][of]Constitutioi of [India and ][consequentlg ][direct ][tle ][7st]responl.ent to direct [the ][2"d ][respondent ][to ][issue]benefits [to ][the ][petitioners ][in ][the ][interest ][of]peisionery -"justice and to Poss..

2. Heard Sri Dinesh [Jaisu'al, learned counsel appearing ][on]behalf of the [petitioners, learned ][Government Pleader ][for]Home appearing [on ][behatt ][of ][respondent ][No' ][1 and ][learned]Government [Pleader ][for ][Services ]- [I ][appearing ][on ][behalf ][of]respondent No.2.

3. Learned [counsel ][for ][the ][petitioners ][submits ][that ][the]petitioners are [r,r'ife ][and ][children ][of late ][Syed Shamsuddin']who worked [as ][a ][Section ][Officer ][in ][Home Department ][and]

died on 06.06.2020. After the death of the husband ofpetitioner No.1, she aJong with her children approached theTahsildar/MardalRevenue Oflicer,Saidabad Mandal foilssuance of Iegal heir certificate as the deceased was the headof the family. But, the Tahsildar refused the same andadvised the petitioners to approach the trial Court. Therefore,the petitioners filed O.S.No.7lO of 2023 on the file of learnedXIX Junior Civil Judge, City Civil Court, Hyderabad, seekingto declare them as legal heirs of late Syed Shamsuddin.Subsequently, the trial Court uide judgment, dated27 .O9 .2023, declared the petitioners as legal heirs of thedeceased-late Syed Shamsuddin. Learned counsel furthersubmits that the petitioners made a representation, dated27.10.2023 before respondent No. 1, by enclosing thejudgment, d,ated 22.O9.2O23 and requestedto disburse thepensionery benefits of the deceasedBut the saidrepresentation is still pending for consideration. Therefore,learned counsel prayed this Court to direct the respondents toconsider therepresentation made by the petitioncrs, dated27 . lO.2023 and pass appropriate orders 4- Learned Government pleader for Home submits thatrespondents will consider the representation made by thepetitioners, dated 27.10.2023 and pass appropriate orders inaccordance with law.

In view of the submission made by respective partiesview of the submission made by respective partiesof the submission made by respective partiesthe submission made by respective partiessubmission made by respective partiesby respective partiesrespective parties

5In view of the submission made by respective partiesview of the submission made by respective partiesof the submission made by respective partiesthe submission made by respective partiessubmission made by respective partiesby respective partiesrespective partiesand without expressing any opinion on merits, this WritPetition is disposed of with a direction to respondents toconsider the representation of the petitioners, datedand without expressing any opinion on merits, this WritPetition is disposed of with a direction to respondents toconsider the representation of the petitioners, dated27.10.2023 in the light of the judgment, dated 22.Og.2O23passed in O.S.No.71O of 2023 by the learned XIX Junior CivilJudge, City Civil Court, Hyderabad and pass appropriateorders, in accordance with lau,, within a period of six (O6)weeks from the date of receipt of a copy of this order andcommunicate a copy thereof to the petitioners. There shall beno order as to costs.communicate a copy thereof to the petitioners. There shall beno order as to costs.

Miscellaneous petitions pending. it any, shall stand closed.

HIGH COURT

DATED:2911212023

ORDER

WP.No.32712 ot 2023

DISPOSING OF THE W.P

WITHOUT COSTS.

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