Andhra Pradesh High Court - Amravati
K Hymavathi vs The Tirupathi Urban Development ... on 14 December, 2021
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO.21863 of 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of
India, seeking the following relief:-
".....to issue a writ, order or direction more particularly one in the nature of a
Writ of Mandamus declaring the Respondent Proceedings vide Roc.No.1368/C1/2020,
dated 17.02.2021 in not releasing the Death Benefits of late K.Siddaiah Naidu such
as GPF, Leave Encashment, GSLI and Gratuity and transferring the same to the
TUDA Employees Superannuation Trust account, as illegal, arbitrary, against the
provisions of Payment of Gratuity Act, 1972, Employees Provident Fund Act besides
violative of Principles of Natural Justice consequently direct the Respondent forthwith
release the GPF, GSLI and Gratuity together with interest as per the Payment of
Gratuity Act, 1972, Employees Provident Fund Act and pass such other order or
orders...."
2. Heard learned counsel for the petitioner and the learned Standing
Counsel appearing for the respondent.
3. The petitioner who is the wife of one late Sri K. Siddaiah Naidu
(who worked as Chain-man in the respondent's office) filed the present
writ petition. The said Siddaiah Naidu died due to ill-health on
23.09.2020, leaving behind the petitioner, his daughter and son. Though
the petitioner and her family members are entitled for the death benefits
such as GPF, Leave Encashment, GSLI and Gratuity etc., of the
petitioner's husband, the said amounts were transferred to the TUDA
Employees Superannuation Trust account vide proceedings in
Roc.No.1368/C1/2020, dated 17.02.2021 issued by the respondent. In
the said proceedings, it is mentioned that certain Court attachments are
pending in various Courts in respect of suits filed against late K.Siddaiah
Naidu for an amount of Rs.31,21,362/-, which is more than his
pensionery benefits.
4. Aggrieved by the said proceedings the petitioner approached
this Court.
5. The learned counsel for petitioner inter alia submits that the
transfer of death benefits of petitioner's husband to the TUDA Employees
Superannuation Trust account is contrary to the provisions of the
Payment of Gratuity Act, 1972 and Employees Provident
Fund Act. While relying on the provisions of Section 60 of the Civil
Procedure Code, he contends that no gratuity of an employee shall be
liable to attachment or sale in execution of any decree. He further
submits that the orders of attachment of the Civil Courts referred to in
the affidavit are not sustainable in law and the action of respondent in
not releasing the death benefits, in the light of the clear statutory
provision, is not tenable. Placing reliance on the judgments in Calcutta
Dock Labour Board Vs. Sandhya Mitra1 he further submits that the
directions for attachment of death benefits and withholding of Gratuity,
Encashment of Leave, GPF, GSLI etc., or transferring the same to the
account of TUDA Employee Superannuation Trust Account is not tenable.
Accordingly, it is urged to issue appropriate directions for release of death
benefits of the petitioner's husband.
6. On the other hand, learned Standing Counsel placed a copy of the
endorsement, dated 01.12.2021 issued pursuant to the interim order
passed by this Court on 28.10.2021, wherein the respondent was
directed to take a decision on the representation of the petitioner dated
25.02.2021.
1985 LS (SC) 44
7. A perusal of the said endorsement would got o show that the
pension to which the petitioner is entitled to has not been withheld and
the gratuity was also sanctioned and further that as per the direction of
the Courts, death benefits were withheld.
8. No counter affidavit has been filed by the respondent denying the
entitlement of petitioner about the death benefits as sought for in the
present writ petition.
9. Considering the submissions made by the learned counsel for the
petitioner and in view of the legal position with reference to Section
60 of CPC, the contentions advanced by the petitioner are accepted.
Accordingly, the respondent is directed to release the death benefits of
the petitioner's husband such as GPF, Leave Encashment, GSLI and
Gratuity etc., within a period of four (04) weeks from the date of receipt
of a copy of this order. Though the petitioner sought for interest on the
premise that the respondent withheld the amounts without justification,
this Court is not inclined to accept the same, since the amounts,
according to the respondent, were withheld in view of the Court orders.
10. With the above direction, this writ petition is disposed of. There
shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand
closed.
___________________________
JUSTICE NINALA JAYASURYA
Date: 14-12-2021
IS
THE HON'BLE SRI JUSTICE NINALA JAYA SURYA
WRIT PETITION NO.21863 of 2021
Date: 14.12.2021
IS
