WP/2578/2023 of Janga Ashok Kurnari @ D. Ashok Kumari Vs The State of Andhra Pradesh on 15 September 2026

O R D E R:

1. Heard Sri G. Arun Showri, learned counsel for petitioner, and Sri K.Varun Shyam Kumar, learned Assistant Government Pleader.

2. The present Writ Petition is filed for the following relief: “……..to issue any appropriate Writ, order or Direction preferably a Writ in the nature of Writ of Mandamus declaring the inaction of respondents in considering the application of petitioner for Family Pension in terms of G.O.M.S.No.315 Finance (Pen. I) Dept., dated 07.10.2010 as illegal, arbitrary, high handed and violative of Fundamental Rights guaranteed to petitioner Under Article 14 and 21 of Constitution of India and consequently to direct the respondents to consider the case of petitioner for grant of Family Pension in terms of G.O.M.S.No.315 Finance (Pen. I) Dept., dated 07.10.2010……”

3. The grievance of petitioner is that the claim for family pension has not been considered by the respondents in terms of G.O.Ms.No.315, Finance (Pen.I) Department, dated 07.10.2010, and that the restriction relating to the age of petitioner, which was introduced subsequently through G.O.Ms.No.152, Finance (HR.III-Pension) Department, dated 25.11.2019, is being relied upon for denying or restricting the claim.

4. It is not in dispute that G.O.Ms.No.152, dated 25.11.2019, was the subject matter of challenge before this Court in a batch of writ petitions, i.e., W.P.No.19671 of 2020 and batch. This Court, by a common order dated 05.03.2021, allowed the said writ petitions and set aside the amendments introduced through G.O.Ms.No.152, Finance (HR.III – Pension) Department, P a g e | 4

dated 25.11.2019. Consequently, respondents were directed to continue payment of family pension to petitioners therein in the manner in which it was being paid prior to the said amendments, together with interest at the rate of 6% per annum on the family pension withheld pursuant thereto. This Court also categorically held that executive instructions cannot override or prevail over statutory rules or statutory rights conferred under rules framed in exercise of the power under Article 309 of the Constitution of India.

5. The aforesaid order dated 05.03.2021 has attained finality. Consequently, the restriction introduced through G.O.Ms.No.152, dated 25.11.2019, which formed the basis for curtailing the entitlement to family pension, cannot be relied upon for denying or restricting the petitioner's claim. In the circumstances, petitioner’s claim is required to be examined with reference to G.O.Ms.No.315, dated 07.10.2010, and the applicable statutory rules, without reference to the G.O.Ms.No.152, dated 25.11.2019.

6. Accordingly, respondents are directed to consider the case of petitioner for grant of family pension in terms of G.O.Ms.No.315, Finance (Pen.I) Department, dated 07.10.2010, in accordance with the applicable statutory rules, without taking into consideration the restriction introduced through G.O.Ms.No.152, Finance (HR.III-Pension) Department, dated 25.11.2019, and pass appropriate orders, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order.

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7. In view of the foregoing, Writ Petition is disposed of. There shall be no order as to costs.

Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed.

__________________________ JUSTICE BALAJI MEDAMALLI Date: 16.09.2026 SAK

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Date: 16.09.2026

SAK