IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:11458 OF 2010 DATED:8.10.2010 Between: M.Snehalatha .....PETITIONER AND The Principal Accountant General & others .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:11458 OF 2010 ORDER: The petitioner, being the wife of respondent 3, seeks a direction to respondents 1 and 2 not to process the pensionery benefits of her husband and not to clear and pay his pensionary benefits until her name is included in Form III and Form V of the Central Civil Services (Pension) Rules, 1972. By order dated 20.5.2010, this Court directed respondents 1 and 2 not to release or disburse any pensionary benefits to respondent 3. Seeking vacation of the said order, respondent 3 filed W.V.M.P.No:2084 of 2010 in W.P.No:11458 of 2010. However, with the consent of the Counsel appearing for all the parties, the main writ petition itself is taken up for disposal. Heard Dr.Muddu Vijai, the learned counsel for the petitioner, Sri A.P.Venugopal, the learned counsel for respondent 3 and Sri J.B.Srikanth, learned counsel representing Sri Ponnam Ashok Goud, Assistant Solicitor General for India, for respondents 1 and 2. Under Rule 54 (12) of the C.C.S (Pension) Rules, a Government servant is mandatorily required to give the details of his family in Form III to the Head of the office as soon as he enters into Government service or as soon as he acquires a family, whichever is later. Upon instructions, Sri J.B.Srikanth, learned counsel, stated that respondent 3 did not fulfill this requirement after marrying the petitioner, which event occurred after he entered into Government service. Further, under Rules 59 and 61 of the C.C.S (Pension) Rules, respondent 3 was required to furnish the details contained in Forms V and VII within a time frame with reference to date of his retirement. Respondent 3 is yet to comply with these statutory requirements. Though there appear to be differences between the petitioner and respondent 3, her entitlement to family pension would arise only after the demise of respondent 3. At this stage, she cannot hold her husband to ransom by obtaining an order from this Court depriving him of the retirement benefits due to him. In that view of the matter, respondent 3 is directed to furnish the requisite details in the prescribed forms, such as as are applicable, to respondents 1 and 2 within one (1) Week from today. Any particulars/material which are required to be supplied by the petitioner shall be supplied by her during this time. Upon the submission of such required data, respondents 1 and 2 shall process the retirement benefits due and payable to respondent 3 in accordance with law and remit the same. In the event of any lapses on the part of the petitioner in supplying the material which she alone can supply, the same shall not be a hindrance to the implementation of this order. This exercise shall be completed within one (1) month from the date of receipt of the completed forms from respondent 3. The writ petition is disposed of with the above direction. The interim order granted on 20.5.2010 shall stand vacated. There shall be no order as to costs. ________________________ Justice SANJAY KUMAR Date:8.10.2010 Note: CC on Monday (BO)gurc THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:11458 OF 2010 DATED:8.10.2010