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2013 Supreme(AP) 669

NOUSHAD ALI
Ala Venkata Seshamma – Appellant
Versus
Andhra Pradesh State Road Transport Corporation, rep. by its Chairman/Managing Director – Respondent


Advocates Appeared:
For the Petitioners:T. Janardhan Rao, Advocate.
For the Respondents: R1 & R2, Mrs. K. Sarala Reddy, SC for APSRTC, R3 to R5, None Appeared.

JUDGMENT :

1. Heard Sri T. Janardhan Rao, learned counsel appearing for the petitioners as well as Smt. K. Sarala Reddy, learned Standing Counsel appearing for the respondents 1 and 2. The respondents 3 to 5 remained exparte, despite service of notice.

2. One Madhusdhan Rao was a driver employed in the APSRTC. He died on 10-12-2004. The first petitioner is his first wife and petitioners 2 and 3 are children through her. The third respondent is his second wife and respondents 4 and 5 are children through her. In this writ petition, the petitioners are aggrieved by the inaction of the respondents 1 and 2 in paying the pension and death benefits to them consequent upon the death of the aforesaid employee.

3. Since there is a dispute with regard to the legal heirs of the deceased employee to receive the service benefits, the respondents 3 to 5 filed SOP No. 9 of 2007 in the Court of the Principal Senior Civil Judge, Nellore, for succession certificate. The OP was decreed on 2-3-2010. Certificate was issued in favour of respondents 3 to 5 with a direction that the respondents 4 and 5 herein on the one side and the petitioner herein on the other, are entitled to the benefits in equal sha






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