Andhra Pradesh Transmission Corporation

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Payment of family pension to the widowed/divorced daughter, irrespective whether she became widowed/divorced daughter either before or after the retirement of employee, provided the spouse predeceases the pensioner and sons/daughters become ineligible for the Family Pension; and Smt. Sajida Bano, who has been settled and paid family pension, as she is rightly entitled to be paid the same. Unfortunately, Smt Sajida Bano died on 06.03.2012. Hence, the question of payment of family pension to any other member in the family would not simply arise. Family pension, to my mind, is liable to be paid either to the spouse of the deceased pensioner, provided such a spouse is surviving, or to any other eligible family members organized to fall in category I and category II of G.O.Ms.No.315. For others to secure eligibility for sanction of family pension, the spouse must pre-decease the pensioner but not otherwise. In the instant case, the spouse of the pensioner Smt. Sajida Bano survived him and hence, the petitioner is not eligible to be granted family pension and the fact that the Corporation rejected her candidature on some other that ground is of not much of a legal significance for her claim to be upheld.

reported in / published in http://judis.nic.in/judis_andhra/filename=9882 THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.13243 of 2013 29-04-2013 MISS MEHER BANO .. PETITIONER GOVERNMENT OF ANDHRA PRADESH REP BY ITS PRINICIPAL SECRETARY TO GOVERNMENT ENERGY DEPARTMENT, A.P. SECRETARIAT, HYDERABAD AND OTHERS .. RESPONDENTS Counsel for the petitioner : Sri Syed Mushtaq Ahmed Counsel for the … Continue reading

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