THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.20825 OF 2001 O R D E R Heard both the counsel. 2. The present writ petition is ﬁled to declare that the petitioner is eligible for family pension; to direct the respondents to release family pension to the petitioner with arrears and to direct the respondents to pay interest @ 18% on the delayed payment of family pension to the petitioner. 3. The averments made in the writ aﬃdavit are that the husband of the petitioner late Sr.Mohd Osman was appointed as Load Checker in the then Andhra Pradesh State Electricity Board, presently the respondents – A.P.TRANSCO on 7.4.1952 and worked till 9.10.1958 and later on his request, he was converted to O and M cadre with eﬀect from 10.10.1958 and while in service, he died on 7.5.1969. The further case of the petitioner is that her case for release of family pension was rejected on the ground that her husband was working in O and M Cadre and as such there was no pension for O and M Staﬀ. However, the O and M Cadre was included under the Pension Scheme from 1.4.1982. It is stated that based on the judgment of the Apex Court on 29.8.1989 for the post retired spouses family pension, the Government of Andhra Pradesh issued G.O.Ms.No.335 Finance and Planning (F.W Pen.I) Department dated 15.9.1993 and in pursuance thereto the respondent – Board adapted the said proceedings through proceedings issued to Additional Secretary (P & G-Per) Ms.356 dated 23.10.1999 and the same came into force with eﬀect from 23.10.1999. On coming to know the said development, the petitioner represented to the authorities for family pension on 29.1.2000 along with ﬁnal settlement of provident fund papers and the same were forwarded by the 1st respondent – Superintending Engineer, Operation Circle (North) , Mint Compound, Hyderabad, on 18.02.2000, but the petitioner did not receive any reply and again the petitioner submitted pension proposals on 20.10.2000 and the petitioner also deposited E.P.F. amount along with interest of Rs.13,157/-. As there was no reply even after six months, the petitioner again made a representation on 24.5.2001 and that she also made representation to the Managing Director (P & HRDA) Central Power Distribution Company A.P. Ltd, on 4.7.2001. The further case of the petitioner is that the 1st respondent instructed the 2nd respondent – The Divisional Engineer (Electricity), Operation City. V, Paradise, Secundeabad on 18.2.2000 as well as on 28.5.2001 to take action, but no action has been taken till now. Therefore, she filed the present writ petition. 4. On behalf of the respondents counter aﬃdavit is ﬁled and stated that the writ petition is ﬁled after a lapse of 30 years and hence the same is liable to be dismissed on the ground of latches. It is stated that the husband of the petitioner was appointed as Load Checker on 7.4.1952 and died on 7.5.1969 while in service. There are no entries available in the service book and he was initially appointed as LDC on 7.4.1952 and converted to O and M cadre from 10.10.1952. As per B.P.Ms.No.1131 dated 31.12.1984 the family pension available to other staﬀ members is extended to O and M Staﬀ with eﬀect from 1.4.1982 and as on the said date the husband of the petitioner was not on rolls, his case was not considered. The petitioner deposited the amount of Rs.13,157-77 unilaterally without any demand and hence the respondents are not responsible for the same. The Superintending Engineer /Opn./North/Hyd. (Def-II) in Memo No.SE/Opn./North/Hyd/F.Pen/D.No.200/2001, dated 28.5.2001 has directed the Divisional Engineer Elecl. Opn./City-V/Sec’bad(Defendant-II) to take action in the matter since the petitioner was reminding to consider family pension. For the reasons stated above, the family pension of the petitioner was not considered. With these averments, the writ petition was sought to be dismissed. 5. From the above averments it is admitted that the husband of the petitioner was appointed as Load Checker on 7.4.1952 and died on 7.5.1969 and as per the case of the petitioner, her husband was converted as O and Cadre with eﬀect from 10.10.1959. In the counter ﬁled by the respondents it is stated that no entries are available in service book that he was initially appointed as L.D.C. on 7.4.1952 and converted to O and M cadre from 10.10.1952. There is also no dispute that the Government of Andhra Pradesh issued GO.Ms.No.335 dated 15.9.1993 for granting family pension to the post retired spouses and the same was adapted by the respondent – Organization. The only ground on which the action of the respondents in not considering the case of the petitioners, is sought to be justiﬁed in the counter aﬃdavit, is that as the pension is made applicable to the O and M Cadre staﬀ only, with eﬀect from 1.4.1982 and as the husband of the petitioner was not on rolls as on that date, the claim of the petitioner for family pension was not considered. But it is to be noticed that the petitioner has made number of representations and the 1st respondent instructed on 28.5.2001 to the 2nd respondent to take necessary action, but no action has been taken by passing any appropriate orders by considering the existing circulars and rules in vogue. Therefore, in these facts and circumstances, suﬃce it to direct the respondents to consider the case of the petitioner for grant of family pension in accordance with law and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. 6. The writ petition is accordingly disposed of. No costs. AVS ----------------------------- - 12—09—2008