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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATA JYOTHIRMAI PRATAPA, J
Darana Harry – Appellant
Versus
State of Andhra Pradesh – Respondent
ORAL ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not paying the death benefits of Smt D Teresamma who died in harness as 2nd Grade Teacher in St. Anthony Elementary School, Maharanipeta, Visakhapatnam in favour of the petitioner in spite of the legal heir certificate obtained in SOP No 583 of 1993 on the file of the Court of the II Additional District Judge Visakhapatnam as arbitrary, illegal, null and void and consequently direct the respondent authorities to pay the death benefits of Smt. D.Teresamma in favor of the petitioner forthwith and to pass…”
2. Heard Sri A.Sai Naveen, learned Counsel for the petitioner, Sri K. Swarna Seshu, learned Standing Counsel for the respondents No.5 and the learned Assistant Government Pleader for School Education.
3. Learned counsel for the petitioner would submit that the petitioner herein is the brother of Smt.D.Teressamma, who worked as a Teacher in the School of the respondent No.2. She died in harness while working as Secondary Grade
The court affirmed the petitioner's entitlement to death benefits as the legal heir, directing authorities to reconstruct the service register and pay the amounts due, while denying the family pensio....
Entitlement to pension and retirement benefits confirmed, emphasizing fair procedural process for claims despite initial delays.
Legal heirs are entitled to provident fund and gratuity but not family pension as per scheme definitions regarding eligibility.
Court directs administrative authority to consider representation for terminal death benefits within stipulated period without expressing opinion on merits.
The court directed the respondents to adjudicate competing claims for benefits after affording personal hearings, highlighting administrative fairness.
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