ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: <…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the proceedings of the 4th respondent in Rc.B/164/2020, dated 30.12.2020 rejecting the application of the petitioner for issuance of family member certificate in her name as bad, illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to issue family member certificate to the petitioner consequent upon the death of her husband Late Srinivasula Pardha Narayana, @ SP.Narayana who died on 22.12.2018 and pass such other order or orders....=

The case of the petitioner is that she is the resident of Door No.2-241, MSR Junior College Road, J.Pangulur Village and Mandal, Prakasam District. She is the wife of Srinivasula Pardha Narayana @ S.P.Narayana who worked as Grameena Dak Sevak in postal Department. Her husband died leaving behind him, the petitioner as legal representative thereof. Her name was recorded as nominee in the Service Record that has been maintained by the Postal Department. After death of her husband, the Department of posts represented by Senior Superintendent of Post Offices, Prakasam District, Ongole, has addressed a letter to her bearing letter No.BII/COMP. Appointment/SPN, dated 10.01.2019 informing her that there is a facility available for her in the department to provide an appointment on compassionate grounds and further asking her whether she is willing for the same or not by filing suitable application and requested to submit a suitable application with necessary documents.

Accordingly, the petitioner made an application for issuance of family member certificate to the 4th respondent. The 5th respondent herein has also made an application claiming to be son of deceased S.P.Narayana and therefore her application was rejected.

The petitioner also contended that the community of

petitioner sought relief as stated above.

The 4th respondent filed counter denying the material allegations inter alia contending that the petitioner made an application for issue of family member certificate. The 5th respondent applied for inclusion of his name as family member of the deceased S.P.Narayana on 21.01.2019 and the 4th respondent has enquired into the matter. Deserves no answer with regard to the averment that the petitioner had filed maintenance case in M.C.No.1/88 in the Court of Judicial Magistrate of 1st Class, Parchur, under Section 125 Cr.P.C and granted maintenance by order dated 04.12.1988 is true and correct. As per voter?s Identity Card issued on 16.03.2020, the deceased S.P.Narayana is the husband of K.Ammayamma and the Aadhar Card of the petitioner shows that S.P.Narayana is the Husband of K.Ammayamma. She also submitted an application to A.P.Housing Board, Prakasam District against Col.2 S.P.Narayana is her life partner and the application has been signed by both Ammayamma and S.P.Narayana. The respondents denied various aspects while admitting that name of the 5th respondent is also included in the family member certificate as he raised an objection while claiming that he is the son of deceased S.P.Narayana and issue family member certificate in terms of G.O.Ms.No.145, dated

25.04.2015.

In para 3 of the counter affidavit the 4th respondent submitted that the petitioner submitted online application dated 21.01.2019 for issuance of family member certificate that her husband Pardha Narayana alias S.P.Narayana died on 22.12.2018. In the affidavit the family member certificate dated 17.01.2019 filed along with her application, she has shown herself as >Srinivasula Vijayalakshmi, 53 years old, wife? being sole family member of deceased S.P.Narayana. One Sri Mohana Krishna(5th respondent herein) filed a petition dated 22.01.2019 claiming that he is the son of deceased S.P.Narayana, who died on 22.12.2018 and requested to issue famil