Kum. Rafia Begum D/O. Late Mohd. Khaja Sharfi v. The Principal Secretary To Government

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.36305 OF 2013 ORDER:

This Writ Petition under Article 226 of the Constitution of India came to be filed seeking to quash the proceedings dated 10.06.2013 of the 5th respondent, arising out of the family pension proposal vide letter No.203/GBHS/2013 dated 06.02.2013, as illegal and arbitrary.

The facts in issue are as under:

The father of the petitioner by name Mohd.Khaja Sharfi worked as LDC in Government Boys High School, Narayanaguda, Hyderabad and after superannuation, he expired on 01.03.1980. Petitioner being the unmarried daughter of said Khaja Sharfi, was sanctioned family pension from 18.09.1994 and was paid till December, 2005. Thereafter, the payment of the same was discontinued on the ground that she attained the age limit of 25 years. It is further submitted that as the Government issued G.O.Ms.No.23 dated 04.06.2010 removing the age restriction, a petition came to be filed by the petitioner seeking continuation of family pension. On 01.08.2013, the 4th respondent-Head Master, Government Boys High School, Amberpet, Hyderabad, forwarded the proposal, recommending the case of the petitioner to the 5th respondent by enclosing necessary documents. It is the grievance of the petitioner that till date no action has been taken thereon.

Heard the learned counsel for the petitioner. No representation for the respondents.

Having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the 5th respondent to deal with the application received from the office of the 4th respondent in respect of family pension of the writ petitioner, in accordance with law, at the earliest.

Miscellaneous Petitions pending in this petition, if any, shall stand closed. No order as to costs.

__________________________ JUSTICE C. PRAVEEN KUMAR 27.04.2017 sur