AP Category 2 Employees Family Pension Revised Guidelines

AP Category 2 Employees Family Pension Revised Guidelines

Memo No. 245804/Fin/HR.IIl-Pen.GPF/2021, Dt: 17-12-2021.AP Category 2 Employees Family Pension Revised Guidelines.

Sub: Family Pension – Orders of Hon’ble High Court in Common order dated 05.03.2021 in W.P.No.19671 of 2020 and batch Family Pensions Instructions issued- Regarding

Ref:

1. G.O.Ms.NO.152 Finance (HR.III Pension) Department, dt25 11 2019.

2. Memo No. 1074035/FINO1-HROMISC/3/2020-HR.III,dt: 17/8/2020

3. Common orders dt.5.3.2021 handed by Hon’ble High Court in WP No.19671 of 2020 and batch.

4.Orders of Hon’ble High Court dt. 08.11.2021 in Writ Appeal No. 632 of 2021

5. Orders of Hon’ble High Court dt. 11.11.2021 in CC No. 1137 of 2021( WP No. 19371 of 2020)

Orders have been issued vide reference 1 cited, limiting the utmost age restrict of 45 years to Family pensioners beneath category-II in respect of Widowed and Divorced Daughter not lined beneath Category-1 with retrospective impact. Further, primarily based on the directions issued in Memo 2nd cited, the Director of Treasuries and Accounts has stopped the cost of household pension to the Family Pensioners falling beneath the class from September, 2020.

2 . The identical has been challenged by the petitioners vide W.P.No. 19671 of 2020 & batch on the bottom that within the G.O.1″ cited, modification is given retrospective impact from challenge of the G.O.Ms.No. 315, Finance (Pension) Department, dated 07.10.2010. The Hon’ble High Court have delivered a standard order in W.P.No. 19671 of 2020 & batch dated 05.03.2021 and put aside. G.O.Ms.No.152, dated 25.11.2019 during which 45 years of age restriction was imposed in respect of Family Pension to widowed/divorced daughters.

ఫ్యామిలీ పెన్షన్ కు క్యాటగిరి -II లో అర్హత గల భర్త చనిపోయిన లేదా విడాకులు పొందిన కుమార్తె లకు 45 సంవత్సరాలు పూర్తయిన వెంటనే నిలుపుదల చేసిన పెన్షన్ ను నిలుపుదల చేసిన తేదీ నుండి 6వాయిదాలలో 6percentవడ్డీ తో ఇవ్వాలని కోర్టు అదేశాల మేరకు ప్రభుత్వం ఇచ్చిన ఉత్తర్వులు. నవంబర్ 2021 నెలకు పెన్షన్ వెంటనే మంజూరు చేయాలని సూచించడం జరిగింది.

The operative portion of the frequent orders learn as follows:

The govt directions is not going to override or prevail over the statute or statutory guidelines framed exercising energy beneath Article 309 of the Constitution of India and that the G.O. Ms. No.152, Finance (HR.III – Pension) Department, dated 25.11.2019 is violative of Articles 14, 21 and 300-A of the Constitution of India.

In a consequence, the writ petitions are allowed setting apart the G.O. Ms. No.152, Finance (HR-III- Pension) Department, dated 25.11.2019 making it clear that the respondents shall proceed to pay the household pension to the petitioners as paid to them earlier. Further, the State Government/ respondents are directed to pay the arroars of family pension to the petitioners with curiosity on the fee of 6% every year, from the day on which the household pension was stopped to them, inside two (2) months from at this time. No coats.

3. Aggrieved by the above, Government have filed Appeal vide WA No. 632/2021 towards the Common orders delivered by Hon’ble single Judge dated 05.03.2021 in WP Nos. 19671 of 2020 and batch. Hon’ble Division Bench after the listening to, ordered to challenge following discover to the Respondents on 08.11.2021.

“At this stage of the proceedings, we are not inclined to pass any interim order. However, we allow further one month’s time from today to comply with the order passed by the learned single Judge”

4. Further within the Contempt Case within the reference fifth cited, the Principal Finance Secretary has attended earlier than Single Judge Court on 11.11.2021 and Hon’ble choose has ordered to adjust to the order dt. 05.03.2021

5. Keeping in view of the gravity of the case, as ordered by the Hon’ble High Court in its Common order dated 05.03.2021 and in addition holding in view of the orders handed by the Hon’ble Division Bench in Writ Appeal filed by the Government, there isn’t a possibility apart from to adjust to the orders dt.5.3.2021 and Orders in WA No dt.8.11.2021.

6. After cautious examination of the circumstances said above, Government hereby order the Director of Treasuries and Accounts (D.T.A), to launch the household pension to the household pensioners on this class for November, 20211 instantly to keep away from hardship to the stated household pensioners and calculate the arrears accrued from the day of stoppage as much as the month of October 2021 to every petitioner (household pensioner) and arrears together with 6% curiosity as ordered by the Hon’ble High Court shall be payable in 6 equal instalments together with the common month-to-month pension from month of December 2021 onwards.

7.Accordingly, the Director of Treasuries and Accounts is directed to challenge obligatory directions to the involved for launch of cost of family pension beneath category-li as said above and take obligatory precautions to keep away from faulty funds.

 

SHAMSHER SINGH RAWAT

PRINCIPAL FINANCE SECRETARY

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