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 pension claim.

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 Teacher in the School of the respondent No.2. Learned counsel would further submit that the petitioner being her only brother despite filing legal heir certificate obtained in SOP.No. 583 of 1993 on the file of II Additional District Court, Visakhapatnam dated 09.03.1998 wherein the petitioner was declared as legal heir. The respondent-authorities are directed to pay the death benefits of Smt. D.Teressamma. Learned counsel for the petitioner would further submit that Smt.D.Teressamma is married to Sri M.Satyanandam in the year 1979. The couple never blessed with children during the wedlock. While so, the deceased died on 30.08.1988. Learned counsel would further submit that aggrieved by the orders in SOP.No.583 of 1993, the husband of the deceased and his mother Smt. Varahalamma preferred an appeal before the Co-ordindate Bench of this Court in A.S.No. 869 of 1998. It was dismissed on 17.01.2000. It has become final. No further appeal preferred. Learned counsel would further submit that the petitioner also filed O.S.No.327 of 2003 on the file of III Additional Junior Civil Judge, Visakhapatnam for mandatory injunction seeking a direction to the respondent-authorities for reconstruction of service register of Smt.D.Teressamma who is his sister. That was decreed on 31.05.2010 by duly directing the School to reconstruct the service register of the deceased. Learned counsel would further submit that despite the directions in the decree, the respondents did not choose to comply the same. Then, he filed E.P.No.123 of 2011 which was allowed on 31.03.2015, even thereafter, he got issued a registered legal notice to the respondent Nos. 2 to 4 dated 24.07.2017. Learned counsel would further submit that inspite of his best efforts for execution of decree passed in his favour for reconstruction of service register and also having decreed that he is the legal heir of his sister Smt.D.Teressamma, he could not receive any death benefits of his sister. Learned counsel finally submits that it is perpetual injustice to the departed soul.

4. Learned Assistant Government Pleader for School Education would submit that admittedly, the sister of the petitioner Smt.D.Teressamma died on 30.08.1988 during service. Her late father Mr.D.Alexander has been nominated to receive terminal benefits and other amounts. Learned Assistant Government Pleader would further submit that the petitioner worked as Superintendent in Andhra University, Visakhapatnam and retired. He is not eligible to receive the family pension as per Rule 50 clause-V of Andhra Pradesh Revised Pension Rules, 1980. As per the same, the spouse up to the death, son until he attains 25 years, to the unmarried daughter until her marriage, they are entitled under Category-I for Family pension. If there are no family me