Smt. Farzana Asra v. The State Of Telangana,

[ 3301 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT .THE HONOURABLE SRI JUSTICE PULLA KARTHTK WRIT PETITION NO: 3271 20F 2023 Between:

1. Smt. Farzana Asra, Wo. Lglg Syed Shamsuddin, aged 69 years, Occ : househotd, R/o.H.No. 1 7-2-4zola, Kirrmagudr,GiiOabrO] HVU-Jra6ii

2. Syeda. Amina Anjum. Dlo . _L_qle .Syed Shamsuddin, aged 42 years, Occ i househotd, R/o.H. No. 1 7-2-470lA, Kurmaguda, SitOitiaOl rf vO.;r6;;.-' - *'

3. Syeda. Faiz_ Unnisa, D/o - Late Syed Shamsuddin, aged 37 years, Occ : househotd, Rl/o. H No. 1t-2_4totA.k"r-JgJoi, SaidlU"d, Hyd"irb;jl -* '

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

The Assistant Pension payment Officer, Narayanguda, Near pochamma Temple Gemini Cotony, tvli:sheeraoad, HydeiSbJd SOt bi+. .,...RESPONDENTS Petition under Articre 226 of the constitution of tndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or drrection more particurarry one in the nature of Mandamus, decraring the action of the respondents in not granting the pensioner benefits of husband of the 1st petitioner and father of the petitioners 2 and 3 namely Late Syed Shamsuddrn without considering the Judgment dated 2710912023 passed in o.s.No- 7ro of 2023 on the fire of court of the XrX Junior civil Judge, city civir court, Hyderabad and arso the representation dated 2711012023 of the petitioners is iflegar, arbitary and against the principres of naturar 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 particularly one in the nature of Mandamus, de.claring 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 dated 27.09.2023 possed in O.S-No.710 of 2023 on the file of court of the XIX Junior Ciuil Judge, Citg Ciuil Court, HgderabLa and also the representation, dated Z7.IO.ZOZS of the petitioners is illegal, arbitrary and against the pinciples of natural justice and also 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 peisionery benefits to the petitioners in the interest of 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 i:

died on 06.06.2020. After the death of the husband of petitioner No.1, she aJong with her children approached the Tahsildar/Mardal Revenue Oflicer, Saidabad Mandal foi lssuance of Iegal heir certificate as the deceased was the head of the family. But, the Tahsildar refused the same and advised the petitioners to approach the trial Court. Therefore, the petitioners filed O.S.No.7lO of 2023 on the file of learned XIX Junior Civil Judge, City Civil Court, Hyderabad, seeking to declare them as legal heirs of late Syed Shamsuddin. Subsequently, the trial Court uide judgment, dated 27 .O9 .2023, declared the petitioners as legal heirs of the deceased-late Syed Shamsuddin. Learned counsel further submits that the petitioners made a representation, dated 27.10.2023 before respondent No. 1, by enclosing the judgment, d,ated 22.O9.

2O23 and requested pensionery benefits of the deceased representation is still pending for consideration. Therefore, learned counsel prayed this Court to direct the respondents to to disburse the But the said consider the representation made by the petitioncrs, dated 27 . lO.

4Learned Government pleader for Home submits that respondents will consider the representation made by the petitioners, dated 27.10.2023 and pass appropriate orders in accordance with law.

In view of the submission made by respective parties and without expressing any opinion on merits, this Writ Petition is disposed of with a direction to respondents to consider the representation of the petitioners, dated 27.10.2023 in the light of the judgment, dated 22.Og.2O23 passed in O.S.No.71O of 2023 by the learned XIX Junior Civil Judge, City Civil Court, Hyderabad and pass appropriate orders, in accordance with lau,, within a period of six (O6) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioners. There shall be no order as to costs.

Miscellaneous petitions pending. it any, shall stand closed.

SD/. K. AMMAJI ASSISTAN GISTRAR //TRUE COPY// SECTI OFFICER To The Principal Secretary, Home (Op) Department, Secretariat, State oF Telangana at Hyderabad.

11._*1.]?-1 P?nsion paymenl Offrcer, Narayanguda, Near pochamma Tempte uemrnr Uotony, Musheerabad, Hyderabad 500 044 Iy.q_CC" to GP For Services-|, H-igh Court for the State of Tetangana at Hyderabad. tourl ]lq_CCs to GP For Home, High Court for the State of Tetangana at Hyderabad_ TOUTI pne Qp !o Sri Dinesh Jaiswat, Advocare [OpUC] Two CD Copies 6.

SA GJP

HIGH COURT DATED:2911212023 '1t\E STA r€

ORDER

I I rEB 2021 c (-) P WP.No.32712 ot 2023 ,.,;/ * D DISPOSING OF THE W.P WITHOUT COSTS.

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