Telangana High Court

Gillella Laxmi vs The State Of Telangana, on 14 May, 2025

       THE HON'BLE SRI JUSTICE PULLA KARTHIK

                   WRIT PETITION No.140 of 2019
ORDER:

This Writ Petition, under Article 226 of the Constitution of

India, is filed seeking the following relief:

"...to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus by declaring illegal actions of the respondents No. 2 to 6 in issuing legal heir certificate/family member certificate dated 04-10-2010 to 7th respondent, by ignoring the petitioners as nominee 1st wife in service record is totally illegal, arbitrary, unjust, discriminatory, unreasonable, without jurisdiction and opposed to public policy and also violative of principles of natural justice apart from the fundamental / property rights guaranteed under Article 14, 16, 21, 300A of constitution of India and set aside said certificate dated 04- 10-2010 and issue consequential direction to a) dispose the application/ representation dated 10-06-2013 made by the petitioner, b) not to issue any Revenue Records of Rights, Pass Books, Pahani in respect of Sy.No.28/3, 312/ /3, 324/3, 324/ , 327, 329 q/1, 330/2, 331/ , 332/ , 338/ /2, 352/C, 58/ /3 total extent Ac. 15-24 Gts, situated at Katkoor Village, without conducting enquiry, c) further direct the 5th and 6th respondents to pay the pension to the petitioner alone in view of 7th respondents' appointment on compassionate grounds and to pass..."

2. Heard Sri K.M. Mahender Reddy, learned counsel appearing for

the petitioner, learned Government Pleader for Services-I appearing

on behalf of respondent Nos.1 to 6, and Sri Kongala Mohan Goud,

learned counsel appearing for respondent No.7.

3. Learned counsel for the petitioner submitted that on

26.11.1987, the petitioner got married to one Gillela Raji reddy, who

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worked as a Bore Pump Mechanic in the respondent Department at

Husnabasd, and both of them led a happy marital life, without issues.

However, due to harassment by her husband, she started living

separately, and later, filed O.S.No.361 of 1996 before the Principal

District Munsiff Court, Karimnagar, seeking maintenance of Rs.600/-

per month, which was awarded vide decree dated 12.12.1997, and

subsequently, it was enhanced to Rs.1,800/- per month as per the

compromise terms in O.S.No.19 of 2004. Thereafter, she received the

said maintenance amount until the demise of her husband on

05.07.2010. It was further submitted that during her husband's

lifetime, the petitioner came to know that he got married to

respondent No.7, without her consent, while her marriage was still in

subsistence. Thereafter, her husband brought pressure on her and

got her into compromise that, being a Government employee, he shall

look after her wellbeing by providing her all necessities. However, to

her misfortune, her husband had passed away on 05.07.2010, leaving

behind herself, her in-laws and the two illegitimate sons through

respondent No.7.

4. It was further submitted that after her husband's death, the

petitioner applied for legal heir certificate before the Tahsildar,

Bheemadevarapally Mandal, but the same was not granted to her.

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However, a Family Member Certificate dated 04.10.2010 was issued

to respondent No.7, without any notice to the petitioner, and

surprisingly, basing on the said certificate, respondent No.7 was

appointed as Helper/Attender on compassionate grounds in the

Veterinary Department, and had also drawn the service benefits of the

petitioner's husband. Further, respondent No.7 also took the

possession of the agricultural land admeasuring an extent of

Acs.15-24 gts., and a house situated at Katkoor Village,

Bheemadevarapally Mandal, denying her share as per law.

Thereafter, the petitioner has made a representation to respondent

Nos.2 to 4 on 10.06.2013, requesting not to mutate the lands of her

husband in favour of any third parties and to take appropriate action

against respondent No.7 in illegally obtaining the Family Member

Certificate, without notice to the petitioner and to do justice by

issuing the Legal Heir Certificate in favour of the petitioner. However,

no action has been taken thereon so far.

5. It was further submitted that while things stood thus,

respondent No.7 has also filed O.S.No.352 of 2014 before the

Additional Junior Civil Judge at Husnabad, against the petitioner for

declaring respondent No.7 as the legally wedded wife of the deceased,

and the said suit is still pending. It was further contended that

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respondent No.7 got all the death benefits under the guise of family

member certificate dated 04.10.2010, and is drawing pension apart

from the compassionate employment as Helper/Attender in the

Veterinary Department at Veterinary Hospital, Potharam (S) Village.

In fact, the petitioner herein is the legally wedded first wife and is

legally entitled to receive pension and other benefits. Therefore,

learned counsel for the petitioner prayed this Court to pass necessary

orders in the present writ petition.

6. Per contra, learned Government Pleader for respondents

submitted that late Gillela Raji Reddy was appointed as work charged

employee on 09.07.1991 in Executive Engineer Wing, Panchayat Raj

and Rural Development Department, Karimnagar Division, and his

services were regularized on 09.07.1996, and was appointed as a Bore

Pump Mechanic in the same Division in the year 1998.

Subsequently, the Panchayat Raj and Rural Development Department

was bifurcated as Rural Water Supply and Sanitation Department,

and he was allotted to the said Department where he worked as a

Pump Mechanic at Husnabad, Siddipet (erstwhile Karimnagar

District), till his demise. It was further submitted that after the

demise of Mr. Gillela Raji Reddy on 05.07.2010, respondent No.7

applied for legal heir certificate and family member certificate before

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respondent No.4, after the execution of a Memorandum of

Understanding dated 29.09.2010, with the petitioner herein, whereby,

the petitioner had received an amount of Rs.4,50,000/- from

respondent No.7 and agreed that respondent No.7 is the nominee of

the deceased. As such, respondent No.4 issued the legal heir

certificate and family member certificate dated 04.10.2010 to

respondent No.7, on the basis of which, respondent No.7 was rightly

appointed as Office Subordinate in the Veterinary Department on

compassionate grounds in the year 2011. However, only after a lapse

of almost two years, the petitioner submitted her representation to the

authorities for the issuance of legal heir certificate and family member

certificate in favour of the petitioner, and also approached this Court

after a long lapse of eight years. Therefore, it was prayed to dismiss

the present writ petition.

7. Learned counsel for respondent No.7 submitted that the

deceased husband of respondent No.7, late Gillela Raji Reddy,

married her in 1994 and they were blessed with two children, Shiva

Reddy and Manjunath Reddy. During his lifetime, the deceased

husband worked in the Rural Water Supply and Sanitation

Department as a Bore Pump Mechanic, until he passed away on

05.07.2010, due to cancer. However, only after two months of his

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demise, respondent No.7 had come to know about the petitioner, that

too, when the petitioner held a panchayat before the village elders,

wherein, both side villagers instructed the petitioner not to cause any

hardship, as the children of respondent No.7 are just 8 and 10 years

old, respectively. Further, respondent No.7 enquired the parents-in-

law and other village and community elders about the petitioner, and

only then, she came to know that the petitioner herein is a distant

relative of husband of respondent No.7 and when her husband was

eight years old and the petitioner was six, the elders performed child

marriage (bommala pelli). Thereafter, the petitioner herein had been

suffering with ill-health, and thus, the deceased was instructed to

leave her. Subsequently, after several years of the deceased obtaining

a job, respondent No.7 was married to him, and both of them led a

happy marital life till his demise in the year 2010.

8. It was further submitted that even though the petitioner was

not the legally-wedded wife of the deceased, as her marriage was

performed at the age of six years, respondent No.7 has paid her an

amount of Rs.4,50,000/-, and duly acknowledging the same, the

petitioner entered into a Memorandum of Understanding dated

29.09.2010, and also submitted no-objection affidavit to the

respondent authorities for providing compassionate appointment and

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other benefits to respondent No.7 and her children. However, the

petitioner has filed the present writ petition by suppressing all these

facts. It was further submitted that when the petitioner raised false

claims again in 2013, respondent No.7 has filed a declaration suit

before the Additional Junior Civil Judge vide O.S.No.352 of 2014,

wherein, the petitioner had filed a written statement, but due to some

internal miscommunication between the counsel, the said suit was

dismissed for default in the year 2018. It was once again contended

that the petitioner, having already received an amount of

Rs.4,50,000/-, is now making false claims without having any legal

rights, only to harass respondent No.7. Therefore, it was prayed to

dismiss the present writ petition.

9. Having regard to the submissions made by the learned counsel

for the respective parties, it is evident that one late Gillela Raji Reddy,

who worked as a Bore Pump Mechanic in the respondent Department

had passed away on 05.07.2010. The petitioner herein claims to be

the wife of the deceased and claims the death benefits and all other

benefits, while respondent No.7 vehemently contends that she herself

is the legally wedded wife of the petitioner and is rightfully enjoying

the benefits. It is evident from the record that after his demise, both

the petitioner and respondent No.7 executed a Memorandum of

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Understanding dated 29.09.2010, whereby, the petitioner accepted a

settlement amount of Rs.4,50,000/- and acknowledged respondent

No.7 as the nominee of the deceased for all benefits. The petitioner

had also submitted a no-objection affidavit to the respondent

authorities for providing compassionate appointment and other

benefits to respondent No.7. It is also evident from the record that on

the basis of this Memorandum of Understanding and the no-objection

affidavit, respondent No.7 was appointed as Office Subordinate in the

Veterinary Department.

10. In this context, it is appropriate to refer to the Memorandum of

Understanding dated 29.02.2010, and its relevant portion is extracted

hereunder:

"That I am not having any relationship with Gillella Raj Reddy said Gillella Raj Reddy died due to ill-health on 05-07-2010 that Smt Gillella Padma and their children are entitled for benefits I am no way connected with benefits and compensate enjoyment."

11. As such, the above Memorandum of Understanding and the no-

objection affidavit indicates a clear waiver of any claim of the

petitioner over the service benefits of the deceased.

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12. Further, the validity of marriages, allegations of bigamy, and

entitlement to succession benefits are all matters requiring evidence,

and these involve disputed questions of fact, which cannot be

adjudicated under the writ jurisdiction.

13. Furthermore, the instant writ petition was filed more than eight

years after the issuance of family member certificate in favour of

respondent No.7, and her appointment as Office Subordinate in the

Veterinary Department. However, no satisfactory explanation has