HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P.M.P.Nos.28323 of 2010 & 28324 of 2010 & WRIT PETITION No.8306 OF 2005 Dated 16-11-2010 Between: D.Vijaya Kumari. …Petitioner. And: Chairman & Managing Director, Central Power Distribution Company of A.P. Ltd., Opp: Singareni Bhavan, Red Hills, Hyderabad and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P.M.P.Nos.28323 of 2010 & 28324 of 2010 & WRIT PETITION No.8306 OF 2005 ORDER: This Writ Petition is filed seeking to quash the impugned Memo No.DP/DM.V/S.4/434/M1/85-13 dated 19-7-1988 and the consequential impugned Memo No.CGM (HRD)/DS(Per)/AS(Estt.)/PO-H/485-H2/04 dated 25-2-2005 by holding them as illegal and arbitrary and direct the respondents to pay the family pension and other retiremental benefits to which the petitioner is entitled with all consequential benefits and interest @ 24% p.a., The case of the petitioner, in brief, is as follows: The husband of the petitioner worked as Additional Assistant Engineer, Operation, Suryapet during the year 1980 and he was transferred to Nizamabad on 12-3-1980. By order dated 22-9-1980, he was kept under suspension. Because of harassment, her husband fell ill in the year 1984 and he was mentally ill and he left the house. The family members searched for him in several places but his whereabouts were not known. Her husband was paid subsistence allowance upto June, 1984. Thereafter, as he was not in the house, he could not receive the said allowance and the same was not paid by the authorities. After several years, since they the family members lost the hope of his return, they presented a police complaint and the police authorities after investigation informed that the case was investigated into and the case has been referred to as undetectable. In this connection, the petitioner requested the authorities to sanction family pension and other retiremental benefits for which her husband is entitled to. Subsequently, she was informed that the Service Register was not traced out and they were preparing another Service Register and thereafter only, the pension and other retiremental benefits will be paid. The 2nd respondent in his letter dated 31-1-2004 informed the Deputy Secretary that her husband was suspended vide Board Memo dated 22-9-1980. The suspension order was recorded in the service Register of the incumbent as reported by the Divisional Engineer, Operation, East Nalgonda. According to the said letter, her husband was relieved on 13-5-1980 due to transfer to Nizamabad and he did not join duty at Nizamabad and the period from 13-5-1980 to 21-9-1980 was treated as unauthorized absence and the subsistence allowance was paid from 22-9-1980 to June, 1984 ad thereafter, no subsistence allowances were claimed and paid and whereabouts of her husband was not known to the office. Thereafter, the 2nd respondent vide letter dated 25-6- 2004 submitted the pension proposals. The 3rd respondent requested the Chief General Manager, A.P. Transco in his letter dated 31-7-2004 to furnish the cases filed for verification of the disciplinary case details in respect of her husband for taking further necessary action. While the matter stood thus, the 1st respondent issued impugned Memo No.CGM (HRD) DS(Per)AS(Estt) PO-H/485-H2/04, dated 25-2-2005 informing her that she was not entitled for any pensionary benefits on the ground that her husband has been absconding from duty since September, 1980 and therefore, it has been ordered that under Regulation 28 (3) of APSEB Service Regulation, her husband was deemed to have resigned from service and ceased to be in Boards employment with effect from 20th September, 1980. At the time of suspension of her husband, she was residing at Suryapet in Nalgonda District and after her husband left the house in the year 1984, they stayed at Suryapet for sometime and thereafter, as they have no means they shifted to Eluru where her sister is residing. In the impugned Memo, it was stated that a notice was published in Deccan Chronicle on 5-8-1988 vide Memo No.DP/DMM/S.4/434/M1/85-13 dated 19-7-1988. As she was not residing in Hyderabad at that time, the said News Paper has no circulation in Eluru and she cannot read English News Paper. The said memo was not communicated to her and as such, she was unable to file the same. Hence, the present writ petition is filed. No counter affidavit has been filed. During the pendency of the writ petition, the writ petitioner filed W.P.M.P.No.28323 of 2010 seeking permission to substitute the following prayer as a main prayer in the main writ petition: “Hence, in the interest of justice it is prayed that the Hon’ble Court may be pleased to issue a writ or direction more in the nature of writ of Certiorari calling for the records relating to the impugned letter bearing No.CGM(HRD)/GM(Adm) AS(Estt.)/POH/485-H2/2004 dated 29- 12-2008 and quash the same by holding them as illegal, bad and arbitrary and further direct the respondents to pay the family pension and other retiremental benefits to which the petitioner is entitled with all consequential benefits and interest @ 24% per annum and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” During the pendency of the writ petition, the writ petitioner also filed W.P.M.P.No.28324 of 2010 seeking to direct the respondents to pay the family pension to the petitioner immediately by suspending the impugned letter bearing No.CGM(HRD)/GM(Adm) AS(Estt.)/POH/485-H2/2004 dated 29- 12-2008. Heard the learned counsel and perused the material available on record. On 31-12-2007, in W.P.M.P.No.10984 of 2005, this Court issued interim direction to the respondents to consider payment of family pension to the petitioner, as per her eligibility and pass appropriate orders, as per law, within a period of four weeks from the date of receipt of a copy of that order. Pursuant to the same, the respondents organization issued proceedings CGM (HRD)/GM (Adm.)AS (Estt.)/POH/485-H2/2004 dated 29-12-2008 rejecting the case of the petitioner. With a view to question the validity of the said proceedings, the present W.P.M.P.No.28323 of 2010 is filed seeking amendment of the prayer in the writ petition. As a matter of fact, by virtue of the proceedings in CGM (HRD)/GM (Adm.)AS (Estt.)/POH/485-H2/2004 dated 29-12-2008 rejecting the case of the petitioner pursuant to the interim direction granted by this Court, the cause in the present writ petition, does not survive for adjudication. In this view of the matter coupled with the present facts and circumstances of the case, I am of the opinion that it gives rise to a new cause of action and therefore, the same cannot be entertained in this present writ petition inasmuch as it goes beyond the scope of the writ petition. However, it does not mean that the petitioner cannot challenge the same in an appropriate proceedings, if she is so advised. Accordingly, the writ petition as well as the above two W.P.M.Ps are disposed of giving liberty to the petitioner to question the validity of the proceedings in CGM (HRD)/GM (Adm.)AS (Estt.)/POH/485-H2/2004 dated 29-12-2008. No order as to costs. __________________________ Justice G.CHANDRAIAH Dated 16-11-2010. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P.M.P.Nos.28323 of 2010 & 28324 of 2010 & WRIT PETITION No.8306 OF 2005 Dated 16-11-2010