ORDER :

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:

“…to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action on the Respondent No.3 in rejecting the applications of the Petitioner for the Family Member Certificate vide Endorsement Rc.No.199/2021-B dated 18.09.2021 solely basing on the Written objection of the Unofficial Respondent as illegal, arbitrary, and is in violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents to set aside the impugned Endorsement vide Rc.No.199/2021-B dated 18.09.2021 rejecting the application of the Petitioner for Family Member Certificate and pass such other order or orders….”

2. It is asserted in the affidavit filed in support of the Writ Petition that the petitioner is legally wedded wife of late Golla Ravi Kumar who worked as School Assistant (Telugu) at Zilla Parishad High School, Pedavadlapudi Village, Mangalagiri Mandal, Guntur District, since 1995 and succumbed to death due to Covid-19 in the Hospital on 19.05.2021.

3. It is the case of the petitioner herein that she got married with the deceased employee on 29.05.2004 and during their wedlock she has given birth to two children namely Niswitha and Jeswant Kumar. Prior to the marriage with her, Golla Ravi Kumar was married one Vasa Grace Ratna Kumari, who got divorced by dissolving the marriage under the Indian Divorce, vide I.D.O.P. No. 92 of 2003 dated 26.12.2006. Since, the date of the divorce, the petitioner and her husband Golla Ravi Kumar together raised daughter of 1st wife of the deceased who is 4th respondent herein, and performed her marriage with one Chavala Prakash of Prakasam District in December, 2017. After the death of late husband the petitioner herein obtained death certificate on 08.06.2021 and she is entitled to get death benefits namely Provident Fund, Gratuity, Pension and to that effect she applied for Family Member Certificate on 28.06.2021 and 10.07.2021 with all requisite documents vide application Nos.FAMC012102764210 and FAMC012102792475 and the petitioner is also indeed needed the Family Member Certificate for getting compassionate appointment under the Breadwinner Scheme. On making such application as indicated above, the 3rd respondent herein issued notice vide RC No.199/2021-B, dated 24.08.2021 to the unofficial 4th respondent herein to attend before his office on 31.08.2021 and the unofficial respondent herein has submitted written objections on 17.09.2021. On the basis of the written objections submitted by the unofficial respondent, the 3rd respondent Tahsildar, without any prior enquiry and upon considering the objections submitted by the unofficial respondent, rejected the application of the writ petitioner made for issuance of the Family Member Certificate vide endorsement in RC No.199/2021-B, dated 18.09.2021. The said order has been assailed before this Court in the present writ petition.

4. It is asserted in the affidavit that the rejection of the issuance of the Family Member Certificate is solely on the basis of written objections of unofficial respondent, is illegal, arbitrary and contrary to law and it is against principles of natural justice and violation of fundamental rights guaranteed under Article 14, 19, 21 and 300A of the Constitution of India.

5. On issuing notice by this Court, the unofficial 4th respondent made her appearance through her counsel. The Unofficial 4th respondent herein admitted that her Father obtained Divorce Decree from her mother vide I.D.O.P. No.92/2003 dated 26.01.2006. However, she would contend that the divorce obtained by her father is exparte and he obtained the said divorce fraudulently. Further contended that there is no such marriage between the writ petitioner and her deceased father and the relationship is only a live-in relationship. Further, asserted that the second marriage becomes valid u