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High Court for State of TelanganaWP/9802/2018disposed of no costs

Smt.Velpula Sunitha Kumari v. The State Of Telangana

2018-08-01Abhinand Kumar Shavili,Suresh Kumar Kait2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.9802 OF 2018 ORDER: (ORAL) (per Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, the petitioners have challenged order dated 24.03.2008 passed in O.A.No.3484 of 2004 by the Andhra Pradesh Administrative Tribunal at Hyderabad, whereby the application filed by the petitioners herein, has been dismissed.

2. Heard both sides.

3. Learned counsel appearing on behalf of respondent No.4-Accountant General, Telangana State, has drawn attention of this Court to Rule 50 Sub Rule (2) of The Telangana Revised Pension Rules, 1980 (for short "Rules 1980"), whereby the family of the deceased shall be entitled to a monthly family pension at 30% of the pay last drawn if the employee has not completed 7 years of service. He further drawn attention of this Court to Rule 2 Sub Rule (6) (a) (i) of Rule 5 whereby the family pension is payable to more widows than one in equal shares.

4. Keeping in view the submissions made by both parties, we hereby direct the respondent Department to send proposal to respondent No.4 in terms of Sub Rule (2) and (6) (a) (i) of Rule 50 of the Rules, 1980 and the respondent No.4

shall consider the same and pass appropriate orders as per the Rule position within four (04) weeks from the date of receipt of a copy of this order.

5. As the retiral benefits are concerned, the respondents are directed to disburse the same to the petitioners as per Rule position.

6. In view of the above, the Writ Petition is disposed of. No order as to costs.

Miscellaneous Petitions, if any pending, shall stand closed.

__________________________ SURESH KUMAR KAIT, J.

________________________________ ABHINAND KUMAR SHAVILI, J.

Date : 01-08-2018 Gvl