The High Court of Andhra Pradesh has struck down the GO 152 issued by the AP government lead Jagan Mohan Reddy in November 2019. As per the GO, the widows and divorced daughters of the Government employees are unfit for getting the pensions of the employees who expired after retirement.
The court erred in giving the government GO stating that widowed and divorced daughters are ineligible to receive family pension. The HC directed the government to pay all the arrears to the receivers, along with 6 per cent interest since the time of the withheld.
The court held that it was inappropriate to make changes in the qualifications when the pension entitlements were made by constitutional provisions.
The bench commented that the AP Revised Pension Rules-1980 are legal and have been framed under Article 309. It reminded the provisions of 1980 did not impose any conditions on a widow and divorced daughter getting a pension. It is not appropriate to impose conditions on its eligibility. It cannot deny the right to receive a pension from the right to property.