6THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5602 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring that the petitioner is entitled for sanction of family pension and other death benefits consequent on the death of her husband Sarvadevo Rai, Teacher, Adarsh Hindi Vidyalaya, Nizamabad duly counting the service rendered by him from the date of his first appointment i.e. 28.6.1989 with all consequential benefits. It is the case of the petitioner that her husband was appointed as Teacher in Adarsh Hindi Vidyalaya, Nizamabad with effect from 28.6.1989 against a regular vacancy, after subjecting him to due process of selection. Thereafter, he was absorbed into grant-in-aid post with effect from 3.7.1996. While that being so, her husband expired on 28.6.1999. The grievance of the petitioner is that neither she was paid death benefits of her husband nor family pension. Therefore, petitioner made representations to the respondents claiming death benefits and family pension. As there was no response to her representations, she filed the present writ petition. A detailed counter affidavit has been filed by respondents denying the allegations made by the petitioner stating that the petitioner is entitled for family pension only from the date of approval of appointment of her husband i.e. 3.7.1996 and the services rendered in the unaided vacancy from 28.6.1989 will not be taken into consideration for the purpose of pensionary benefits. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the material made available on record. The fact that the selection of petitioner’s husband as Secondary Grade Teacher against an aided vacancy after subjecting him to due process of selection with effect from 28.6.1989 is not in dispute. It is also not in dispute that the said appointment was approved vide G.O.Ms.No.110 dated 7.4.1998. It is indicated in para 2 of the said G.O. that W.P.No.2788 of 1996 filed by petitioner’s husband seeking approval of his appointment as Secondary Grade Basic Training Teacher in Adarsh Hindi Vidyalaya (Hindi Medium High School) Nizamabad was allowed by order dated 23.7.1996 and the respondents were directed to release grant-in-aid from the date of filing of writ petition i.e. 12.2.1996. This Court while admitting the contention of the petitioner’s husband with regard to Rule 15(4)(e) of the Rules issued in G.O.Ms.No.524 Education dated 20.12.1988, held that if the District Educational Officer does not pass orders one way or the other within three months, it is deemed that the appointment is approved. The said rules were repealed in G.O.Ms.No.1 Education dated 1.1.1994. Since the case of petitioner’s husband was recommended on 28.6.1989 and G.O.Ms.No.1 was issued five years thereafter i.e. on 1.1.1994, the said G.O. is not applicable to petitioner’s husband case. Therefore, it must be deemed that the appointment of petitioner’s husband was approved as per Rule 15(4)(e) of the Rules issued in G.O.Ms.No.524 dated 20.12.1988 and as such, the services rendered by the husband of the petitioner shall be reckoned with effect from 28.6.1989 for the purpose of payment of pension/family pension and other death benefits, as per law. In view of the above, the respondents are directed to count the service rendered by petitioner’s husband with effect from 28.6.1989 for the purpose of pension/family pension and other death benefits and the same shall be paid within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that the petitioner is not entitled to claim any difference of wages etc., in the light of the deemed approval of the services of her husband. Every benefit shall be given only on notional basis and shall be counted only for the purpose of pensionary and other benefits. The writ petition is accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 12.2.2008 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5602 of 2005 12.2.2008 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5602 of 2005 Date: 12th February, 2008 Between: Smt.Geetha Rai .. Petitioner And The District Educational Officer, Nizamabad & others. .. Respondents