Andhra Pradesh High Court - Amravati
Sabbiti Ganga Bhavani vs The State Of Andhra Pradesh on 2 December, 2022
Bench: Venkateswarlu Nimmagadda
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.17755 OF 2021
ORDER:-
The present Writ Petition is filed under Article 226 of the
Constitution of India for the following relief:
"to issue a writ, order or directions more particularly one in the
nature of Writ of Mandamus declaring the action of the 2 nd
respondent in not releasing the family pension and other
retiremental benefits to the petitioners, without considering the
Succession Certificate issued in favour of the petitioners in
O.P.No.693/2008 dated 18.06.2011 of the Court of the District
Judge, Rajahmundry as illegal, arbitrary, unjust, unconstitutional
and violations of Articles 14, 16 and 21 of the Constitution of India
and consequently direct the respondents to release the family
pension and other retiremental benefits to the petitioners by
considering the Succession Certificate issued in favour of the
petitioners in O.P.No.693/2008 dated 18.06.2011 of the Court of the
District Judge, Rajahmundry and pass such other order or orders..."
Heard learned counsel for the petitioners, learned Government
Pleader for Services-III and learned Standing Counsel for 2nd respondent.
The case of the petitioners in brief is that the sister of the 1st
petitioner herein i.e., Sabbiti Manikyam/ deceased joined as a teacher in
Primary Secondary School at Patha Thungapadu Village, Rajahmundry
Rural Mandal and while working as Head Mistress, she died on
01.06.2007. The further case of the petitioners is that Smt S.Manikyam
fostered (brought up) one daughter i.e., Keerthi Prasanna/ 2nd petitioner
herein. Later, the deceased executed a registered will on 24.05.2007,
bequeathing all her movables such as L.I.C. Policies, P.F.Amount, Service
Benefits such as gratuity etc., in favour of the petitioners bequeathing
her pension to both the petitioners equally. The said Will came into
existence right from the death of Smt S.Manikyam.
The further case of the petitioners is that the petitioners herein
have filed O.P.No.693/2008 on the file of Court of the District Judge,
Rajahmundry for issuance of Succession Certificate to recover the
properties of Smt. S.Manikyam and the same was allowed on 18.06.2011
on contest. Aggrieved by the same, the husband of Smt.S.Manikyam has
filed C.M.A.No.935 of 2011 before the Hon'ble High Court challenging the
order and decree passed in Succession O.P.No.693 of 2008 dated
18.06.2011 and the same was dismissed for default on 22.07.2019. Till
today, he has not taken any steps to restore the above said appeal.
Subsequently, the 1st petitioner herein made a representation dated
09.09.2019 to the respondents herein requesting to release the family
pension and other terminal benefits to the petitioners herein. Pursuant to
the said representation dated 09.09.2019, the 4th respondent submitted
proposals to the 2nd respondent herein along with relevant service records
relating to Smt. S.Manikyam vide proceedings dated 30.09.2019.
However, the 2nd respondent is not releasing the family pension and other
retiremental benefits to the petitioners inspite of Succession Certificate
issued in favour of the petitioners in O.P.No.693 of 2008 dated
18.06.2011 by the Court of the District Judge, Rajahmundry. Aggrieved
by the inaction of the 2nd respondent in considering the proposals and
releasing family pension, the petitioners herein filed the present Writ
Petition.
Learned counsel for the petitioners would submit that even though
the petitioners were declared as legal heirs by virtue of succession
certificate issued in their favour in O.P.No.693 of 2008 dated 18.06.2011,
the respondents herein are not releasing the terminal benefits of the
deceased. He further submits that having no other option the petitioners
submitted a representation dated 09.09.2019 along with the judgment
rendered by the competent Court and all the documents required to the
respondents herein requesting to release the terminal benefits. Pursuant
to the said representation, the respondent Nos. 3 and 4 herein forwarded
the claim of the petitioners along with all the required documents vide
proceedings dated 24.02.2020 and 13.11.2020 to the 2nd respondent
herein. But even after submission of the same, the 2nd respondent did not
release the terminal benefits to the petitioners. He further submits that
as they were declared as the legal heirs of the deceased Smt.S.Manikyam,
the petitioners herein are entitled to the terminal and other benefits.
Hence, he prayed to allow the present Writ Petition.
On the other hand, learned counsel for the 2nd respondent filed
counter affidavit, wherein it is stated that as there is no legal divorce
between late Smt. Manikyam (Government Servant) and Sri B.Pallam
Raju (husband of the deceased Government Servant) from the competent
Court, it cannot be construed that she was a divorced wife. Therefore, the
petitioners are not eligible to claim the terminal benefits of the deceased
Government servant. He further submits that in view of the Andhra
Pradesh Revised Pension Rules the documents which were sought by the
2nd respondent vide proceedings dated 18.03.2021 are not yet submitted.
In view of the same, the terminal benefits of the foster mother of the 2nd
petitioner cannot be released in favour of the petitioners.
On the other hand, learned Government Pleader for Services-III
also filed counter affidavit on behalf of the 4th respondent, wherein it is
stated that on 24.02.2020 and 13.11.2020, the answering respondent
has submitted the pension proposals in the name of S.Ganga Bahavani
G/o. Keerthi Prasanna to the Accountant General (A&E), Amaravathi,
Andhra Pradesh vide Lr.R.C.No.18/PEN/MEO/2019 dated 30.09.2019.
On receipt of the same, the Accountant General (A&E) Andhra Pradesh,
Amaravathi has issued orders vide Lr.No.P-2/I/M-924/FP-72/2019-
10/304971 on 18.03.2021 to submit the following documents:
i) Legal Divorce certificate of late Smt. S.Manikyam and Sri
B.Pallam Raju.
ii) Adoption deed of Kum. S.Keerthi Prasanna to take
further action at this end.
He further submits that the same was informed to the petitioners
herein. As such, the said documents along with Legal Heir Certificate,
Adoption Certificate and Divorce Judgment copies are to be submitted to
the 2nd respondent herein. Hence, he prays to dismiss the Writ Petition.
Having regard to the submissions made by the learned counsel for
the petitioners as well as learned counsel for the respondents, the
contentions of the learned counsel for the petitioners that the 2nd
petitioner being the foster daughter of the deceased employee, she is
eligible to consider as legal heir and entitled to all the terminal benefits of
the deceased employee and the other contention of the learned counsel
for the petitioners that petitioners were as declared as successors of the
deceased employee, pursuant to the testament executed by the deceased
employee, vide testament dated 18.06.2011, are valid and sustainable.
The other contention of the learned counsel for the petitioners that
in view of the judgment rendered by the competent Court in favour of the
petitioners, the petitioners are eligible to receive the terminal benefits of
the deceased employee even in the absence of any documents as claimed
by the 2nd respondent, is also sustainable. On the other hand, the
contention of the learned Standing Counsel for the 2nd respondent that in
view of the Rule of the Andhra Pradesh revised pay scales, in the
absence of any legal divorce between the husband and deceased
employee and also in the absence of any adoption deed said to have been
adopted by the foster mother/ deceased employee in respect of the 2nd
petitioner, she is not entitled for the terminal benefits regarding the
deceased employee is erroneous and contrary to law.
In view of the foregoing discussions as well as reasons stated
above, the Writ Petition is allowed directing the respondents, more
particularly, 3rd respondent herein to send fresh proposals for releasing
of terminal benefits of the deceased employee to the 2nd respondent
within a period of four (04) weeks from today . On receipt of the same, 2nd
respondent is directed to process and authorize the same within a period
of four (04) weeks, thereafter.
Accordingly, the Writ Petition is allowed. There shall be no order as
to costs.
_____________________________________________
JUSTICE VENKATESWARLU NIMMAGADDA
Date: 02.12.2022
BSP
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION.No.17755 of 2021
Date : 02.12.2022.
BSP
