Gratuity and provident funds are exempt from attachment under Section 60(1)(k) of the CPC, and the withholding of benefits was deemed illegal and arbitrary.

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“…..to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not considering petitioners application dated 27.12.2021 by way of legal notice through her learned Advocate submitted for releasing service terminal Benefits consequent upon the death of her husband Varla Bala Kotaiah who worked as Secondary grade teacher at M P P School, Kalavakur Village of Addanki Mandal in Prakasam District died on 04.02.2017 while in the service, as illegal, irregular, irrational and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to pay petitioners said benefits and pass and pass……”

2. The grievance of the petitioner is that her husband Varla Bala Kotaiah had worked as Secondary grade teacher at M.P.P. School in the services of respondents No.1 to 4 at Kalavakur Village of Addanki Mandal in Prakasam District. After joining into the service in the respondents' organization, petitioner's husband worked to the utmost satisfaction of his superiors without there being any adverse remarks what so ever from anybody during his tenure. Unfortunately, while he was in service as a Secondary grade teacher, her husband died on 04.02.2017. The petitioner's husband died intestate, leaving behind petitioner and a son by name Varla Ranjit Kumar and a daughter by name Varla Harika as legal heirs. After the demise of petitioner's husband, the petitioner personally approached the 4th respondent and requested to release and pay death benefits of her deceased husband to her forthwith since she has no any other source of income. Even though the petitioner has submitted all requisite copies of documents such as Death Certificate of her husband, Family Members Certificate issued by the Mandal Revenue Officer and Ration Card, the respondent authorities have not considered the case of the petitioner and not released the benefits to her. Hence, the present writ petition.

3. The counter affidavit has been filed by the respondent No.4 denying all the allegations made in the petition. It is stated that the petitioners' husband worked as SGT and died on 4/2/2017. The plea of the petitioner is that the respondents illegally stopped release of the pensationary benefits, though there is no attachment order of pensionary benefits. It is stated that, one Immeadisetty Sambasiva rao filed a suit against the petitioner herein and obtained a garnishee order, from the Hon'ble Senior civil judge, Gurazala, vide its orders dt.16/2/2017 made in I.A.No.112/2017 in O.S.No.22/2017 under Rule 5 of Order 38 of CPC, for an amount of Rs.6,20,000/- from the leave salary and death benefits of defendant by name Varla Bala kotaiah. The petitioner herein also a party to the said order, having know the attachment orders passed by the competent civil court, restraining the respondents herein not to release to a tune of Rs.6,20,000/-. It is not fair on the part of the petitioner, that the respondents wantonly withheld the amounts. It is further stated that, similarly, Hon'ble Principal Senior Civil Judge, Narasaraopet, vide its orders dt.28/4/2017 made in I.A. No.538/2017 in OS No. 273/2017, on an application filed by Shaik Ibrahim, S/o Hus Saheb, for attachment of death benefits etc., directed to withhold an amount of Rs.6,55,560/- i.e., leaves and arrears of salary of deceased varla Bala Kotaiah, if such amount is not available, attach the available amount. The said order clearly ordered to attach the leave salary and arrears of such amount, attach the available amount. In the instant of salary of deceased, the available amounts of Varla Bala Kotaiah, are death benefits, which are directed to for the petitioner, to get vacate the said orders, so as to release the amounts withhold. It is always open in the absence of such, further orders from the competent civil court, where