- (1.) This writ petition, under Article 226 of the Constitution of India, is filed assailing the order of the A.P. Administrative Tribunal, Hyderabad (hereinafter called the Tribunal') dated 13.8.2010 passed in O.A. No. 5984 of 2009 filed by the petitioners herein. By virtue of the said order, the Tribunal dismissed the Original Application filed by the petitioners herein. The petitioners herein filed the said O.A. No. 5984 of 2009 under Section 19 of A.P. Administrative Tribunals' Act, 1985, seeking the following relief: To set aside the impugned letters (1) Letter No. AE(2)/1076/2006 dated 2 4 2009 of the Chief Accounts Officer, O/o the Commissioner and Director of Agriculture, Andhra Pradesh, Hyderabad addressed to the first applicant (2) Letter No. AE(2)/1076/2006 dated 17.4.2009 of the Chief Accounts Officer, O/o the Commissioner and Director of Agriculture, Andhra Pradesh, Hyderabad addressed to the counsel for the applicants as being illegal, arbitrary, discriminator and null and void by declaring that the applicants are entitled to 50% of the family pension and retirement gratuity other attendance service benefits payable consequent on the death of late Sri Mohd. Allauddin S/o. Mohd. Imamuddin who died on 26.1.2009 in harness while working as Office Subordinate in the O/o the first respondent herein in the interest of justice.
(2.) The facts, in nutshell, which are essential and imperative for adjudication of the controversy involved in the instant writ petition are as under:
(3.) Claiming to be the wife and children of one late Sri Mohd. Allauddin, petitioners herein filed O.A. No. 5984 of 2009 before the Tribunal contending as follows. (i) First petitioner/1st applicant is the second wife of late Sri Mohd. Allauddin, who passed away on 26.1.2009 in harness, while working as Office Subordinate in the office of 1st respondent herein and that the said deceased Mohd. Allauddin married the 1st petitioner herein on 16.6.1985 and the 1st petitioner gave birth to two sons namely Mohd. Zameeruddin and Mohd. Naseeruddin and one daughter Mrs. Shahnaz Begum, who are petitioners 2 to 4 herein. (ii) The names of petitioners 2 to 4/applicants 2 to 4 have been entered in the service record of Mohd. Allauddin along with the names of children through his first wife Mrs. Fahmida Sultana and the deceased Mohd. Allauddin also told the 1st petitioner/1st applicant that her name was also got entered by him in the service record. (iii) Sri Salauddin, eldest son of late Sri Mohd. Allauddin through the first wife, who is shown as 5th respondent and aged 27 years owns welding business at Siddipet, Medak district, as such he is not entitled to seek compassionate appointment. The first wife of late Mohd. Allauddin and her children are dependant on the income of the said eldest son, Salauddin. (iv) Late Mohd. Allauddin purchased a residential house bearing No. 12-4-81/1, situated at Murshadgadda, Siddipet, Medak district in the name of his first wife, Mrs. Fahmida Sultana, wherein she and her children are presently residing. (v) Eldest son of 1st applicant/1st petitioner herein i.e. Mohd. Zameeruddin is a student of B.Sc. 1st year and is entitled for compassionate appointment in the place of his deceased father and there are no bread winners in the family and the applicants/petitioners herein were solely dependant on late Mohd. Allauddin during his lifetime. (vi) First applicant/1st petitioner is entitled for grant of half of the family pension and half of the monetary benefits as per Rule 50(6)(a)(i) of A.P. Revised Pension Rules, 1980. In the absence of any nomination, DCRJ and other service benefits are payable to the legal heirs of the deceased Government employees in equal shares and as such the applicants/petitioners herein are entitled to half of the pensionary benefits and other service benefits and compassionate appointment. (vii) On 23.3.2009, the 1st petitioner/1st applicant requested for issuance of service certificate of her husband for obtaining legal heir certificate from the concerned Mandal Revenue Officer and the concerned officials of the 1st respondent informed that such service certificate or pensionary benefits cannot be given and threatened that they would recover the amounts paid towards LTC in respect of petitioners 2 to 4/applicants 2 to 4 and informed that they are going to arrange payment of all benefits to the first wife and her children only ignoring the claim of petitioners/applicants. (viii) Petitioners/applicants got issued a notice dated 27.3.2009 to the respondents 1 and 3. In reply to the said notice, the 2nd respondent issued impugned letter dated 2.4.2009, rejecting the request for sanction of monetary benefits and compassionate appointment by referring to Rule 25 of A.P. Civil Services (Conduct) Rules, 1964. While referring to the legal notice got issued by the petitioners on 27.3.2009 through their counsel, the Chief Accounts Officer, 2nd respondent herein vide Letter No. AE(2)/1076/2006 dated 17.4.2009 informed that as per Rule 25 of A.P. Civil Services (Conduct) Rules, 1964, no Government Servant irrespective of religion shall not marry second time without the prior permission of the Government and as such second wife shall not be eligible for pensionary benefits i.e. family pension and retirement gratuity and no family pension and retirement gratuity be divided between two widows. The impugned letters dated 2.4.2009 and 17.4.2009 are contrary to Rule 50(6)(a)(i) of A.P. Revised Pension Rules, 1980.;