Andhra Pradesh High Court - Amravati
Desavathi Varun Sai Naik, vs The State Of Andhra Pradesh on 21 February, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:W.P.No.4361 OF 2022
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No NOTE.
RNT,J
1. 21.02.2022 Learned Government Pleader for Services-III
appears for respondent Nos.1 to 3. Issue notice to the
respondent No.4.
In addition to the normal mode of service, the
learned counsel for the petitioner is permitted to take
out personal notice of service on respondent No.4
through R.P.A.D and file proof of service by the next
date.
The petitioner is minor, son of respondent No.4,
and has filed this petition through his grandfather
(maternal) for direction more particularly in the nature
of writ of mandamus to the respondent Nos.1 to 3 not
to disburse the Death benefits, Family Pension etc.,
relating to the Minor Petitioner's Mother i.e. Smt.
Eslavath Naga Malleswari Bai, who died on 08.10.2021
during continuance of service as Teacher, Z.P. High
School, Marrivemula, Pullalacheruvu Mandal, Prakasam
District.
Sri Maheswara Rao Kuncheam, learned counsel
for the petitioner submits that the petitioner's mother
had taken divorce from respondent No.4 in
H.M.O.P.No.137 of 2020, Desavath @ Eslavath
Nagamalleswari Bai vs. Desavath Thirupalu Nail @
Thirupathi Naik, on the file of the Court of Senior Civil
Judge, Gurajala, Guntur District vide judgment/decree,
dated 20.09.2021 which attained finality and
consequently, the respondent No.4 has no legal right or
claim with respect to the death benefits, family pension
etc., due to death of the Minor's Mother, but inspite
thereof, the respondent No.4 has served the official
respondents with legal notice claiming for release of
those benefits in his favour.
The petitioner has also submitted the
representation before the official respondents not to
release those benefits in favour of respondent No.4 as
the only person entitled to those benefits is the
petitioner.
The learned counsel for the petitioner submits
that in the legal notice of the respondent No.4, the fact
of divorce is admitted by the respondent No.4 in para-1
thereof.
Matter requires consideration.
Learned Government Pleader for Services-III,
prays for and is granted four (04) weeks time to file
counter-affidavit.
Let the respondent No.4 also file his counter-
affidavit within a period of four (04) weeks.
List on 21.04.2022.
Prima facie case for grant of interim order is
made out.
In the facts and circumstances of the case, till
the next date of listing, the official respondents shall
not release the service benefits consequent upon the
death of Smt. Eslavath Naga Malleswari Bai, in favour of
any party, if the same has already not been released.
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RNT,J
Scs
