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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 20192 of 2019

Advocates:
['S PRANATHI', 'GP', 'GP', 'GOLLA BASAVESWARA RAO']

ORDER:

The writ petition is filed by the petitioners under Article

226 of the Constitution of India for the following reliefs:

<...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus directing respondent Nos.1 to 4 to sanction and pay family pension, service and other related benefits including gratuity to the 1st petitioner which are due and became payable consequent to the demise of her husband Late Sri D. Yadagiri, Assistant Beat Officer, Nuzvid Range, Krishna Division on 08.12.2016, with interest of 18% per annum and provide compassionate appointment to the 2nd petitioner in any suitable post having regard to his eligibility and qualifications in the interest of justice duly holding the action of respondent Nos.1 to 4 in not sanctioning and paying family pension, service and other related benefits including gratuity to the 1st petitioner and not providing compassionate appointment to the 2nd petitioner as being arbitrary, illegal, unjust, contrary to the provisions of Andhra Pradesh Revised Pension Rules, 1980 and in violation of Articles 14, 16 and 300-A of the Constitution of India and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.=

2. Heard learned counsel for the petitioners, learned Government Pleader for Forest appearing for respondent Nos.1 to 4 and learned counsel for the 5th respondent.

3. Learned counsel for the petitioners submits that the petitioners are the legal heirs of the deceased late Sri D. Yadagiri. The 1st petitioner’s husband died in harness while working as Assistant Beat Officer, Nuzvid Range, Nuzvid, Krishna District on 08.12.2016. Consequent to the demise of her husband, the 1st petitioner submitted applications dated 21.01.2017, 18.02.2017 and 21.02.2017 to the authorities concerned along with relevant documents requesting them for release of service benefits, family pension in her favour and to provide compassionate appointment to her son-the 2nd petitioner.

4. While so, the 5th respondent claiming to be the wife of late Sri D. Yadagiri also submitted a representation to the authorities concerned to release the benefits in her favour and submitted that she is the legally wedded 2nd wife of late Sri D. Yadagiri and also entitled for service benefits and compassionate appointment.

5. In view of the representations made by the 1st petitioner and the 5th respondent, the respondent authorities with-held the service benefits and compassionate appointment and insisted both the parties to produce the legal heir certificate duly issued by the competent Court.

6. Learned counsel for the petitioners filed a memo stating that the petitioners and the 5th respondent arrived at a settlement and the terms of the settlement were recorded in the Lok Adalat Award dated 13.08.2022 passed by the Court of the Principal Junior Civil Judge, Mangalagiri in O.S.No.41 of 2018. As per the terms agreed in the Award, the 5th respondent has no objection in granting compassionate appointment and also service and retirement benefits in favour of the writ petitioners. The Lok Adalat Bench at Mangalagiri constituted by the District Legal Services Authority, Guntur under Section 19 of the Legal Services Authorities Act, 1987 passed the following award as per the settlement arrived by both the parties:

<1. Court fee paid by the plaintiff shall be returned to the plaintiff by the Court before which the proceedings have been pending under Section 21 (1) R/w Section 25 of the Legal Services Authority Act, 1987 and it shall not form part of the costs payable by the defendant(s).

2. The plaintiffs paid an amount of Rs.13,00,000/-

(Rupees Thirteen Lakhs only) to the defendants.

3. The defendants giving up their claims with regarding to the death benefits, including pension and job of deceased Devarakonda Yadagiri who was died on 18.12.2016 and that they have no objection to declare the plaintiffs are the legal heirs of deceased

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