IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.7536 of 2009 Between: Mrs. Munawar Banu, W/o. Late Syed Mohammed, R/o. H.No. 16-8-13/A, Kaladera, Chanchlagududa, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad. 2 The Government of Andhra Pradesh, Rep by its Secrtary, Home Department, Secretarit, Hyderabad. 3 The Accountant General of Andhra Pradesh, Saifabad, Hyderabad. 4 Smt. Ghousia, W/o. Late Syed Mohammed, R/o. H.No. 18-7-425/432/A/4, Bhavani Nagar, Road No. 11, Talab Katta, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particurlarly one in the nature of Writ of Certiorari calling for the records relating to order dated 02-12-2008 in OA No. 8211 of 2008 on the file of Hon'ble AP Administrative Tribunal, at Hyderabad, and quash the same and pass Counsel for the Petitioner: MR.SYED ALI MURTUZA Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{RLD} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.7536 of 2009 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The petitioner questions the order of the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) in allowing O.A.8211/2007 filed by the 4th respondent herein for payment of half of the family pension to her. The 4th respondent herein filed the said O.A. questioning the order of the Commissioner of Police, Hyderabad dated 29.12.2004 in Memo No.H2/12888/FP/2004 holding that the 4th respondent herein being the second wife of the deceased employee does not have any legal status and hence she is not entitled for family pension in terms of the Government Circular in Memo No.36840-A/329/A2/Pension-1/93, dated 11.09.1996. The undisputed facts are that the petitioner herein is the first wife of late Syed Mohammed, Head Constable, who died while in service on 23.08.2004. As there was a dispute with regard to her marital status, the 4th respondent filed O.P.260/2005 on the file of the Family Court, Hyderabad for declaration that she is the legally wedded wife of late Syed Mohammed. The said O.P. was allowed by the Family Court by order dated 02.01.2006, declaring the 4th respondent herein as the legally wedded wife of late Syed Mohammed who died on 28.03.2004 while working as Head Constable in Kulsumpura Police Station. However, the Family Court held that the 4th respondent herein is not entitled to any retirement benefits and other benefits as her late husband is having first wife, the petitioner herein. Aggrieved by the said order of the Family Court, Hyderabad the 4th respondent herein filed FCA.31/2006 before this Court in which the petitioner herein filed cross objections. The Division Bench of this Court, by order dated 23.10.2007 while upholding the declaration made by the Family Court, Hyderabad that the 4th respondent herein is the legally wedded wife of late Syed Mohammed, set aside the finding recorded by the Family Court, Hyderabad with regard to disentitlement of the 4th respondent herein to receive family pension benefits for the reason of not obtaining permission under Rule-25 of the A.P.Civil Services (Conduct) Rules 1964, as the said issue has to be decided by the Tribunal alone. While partly allowing the FCA, the Division Bench of this Court has granted liberty to the 4th respondent herein to approach the Tribunal for appropriate relief questioning the order of the Commissioner of Police, Hyderabad dated 29.11.2004. Pursuant the liberty given by this Court, the 4th respondent herein filed O.A.8211/2007 and the Tribunal allowed the said O.A. holding that as per Rule-50(6)(a)(i) of the A.P.Revised Pension Rules, 1980 the family pension is payable to more widows than one, and the family pension shall be paid to the widows in equal shares. As per the said Rules and in view of the findings of the Family Court and this Court recognizing the petitioner and the 4th respondent herein as wives of the deceased employee, the Tribunal held that the petitioner and the 4th respondent herein were entitled to equal shares of the family pension of the deceased employee. The learned counsel for the petitioner submits that though this Court by judgment dated 23.10.2007 in FCA.31/2006 held that the Tribunal alone is competent to decide the entitlement of the second wife to get the family pension under Rule-25 of the Rules, the Tribunal has not decided the said aspect and did not discuss the issue as to whether the deceased employee late Syed Mohammed obtained any permission from the competent authority to contact second marriage, and if he did not obtain permission, what is the effect of Rule-50(6)(a)(i) of the A.P.Revised Pension Rules, 1980. The learned counsel for the 4th respondent submits that as the 4th respondent was already recognized as the legally wedded wife of the deceased employee, she is entitled for family pension as per Rule-50(6) (a)(i) of the A.P.Revised Pension Rules, 1980. We are not inclined to express any opinion on the merits of the case as the issue with regard to the entitlement of the family pension by the second wife with reference to Rule-25 of the A.P.Civil Services (Conduct) Rules 1964 has not been decided by the Tribunal below. Therefore, we deem it appropriate to remit the O.A. for fresh consideration by the Tribunal below so as to answer the said issue, referred to above. The Writ Petition is accordingly allowed. The impugned order of the Tribunal is set aside and the matter is remitted to the Tribunal below for fresh disposal, as stated supra. Considering the nature of the issue and urgency of the matter, we ensure that the Tribunal would dispose of the matter as expeditiously as possible. No order as to costs. _____________________ V.ESWARAIAH,J _______________________________ VILAS V. AFZULPURKAR,J Dated:17.08.2009 Dsr