APHC010021632017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 25271 OF 2017 Between:

1. B. Prakrutha Devi, W/o. (late) B.Laleppa, Aged about 57 years, Occ: House Wife, R/o. H.No.17/560-E, Thilak Nagar Guntakal, Anantapuram District.

...Petitioner AND

1. The Chairman and Managing Director, Syndicate Bank, Head Office Manipal, Karnataka State.

2. The Chief General Manager, Syndicate Bank, Personnel Department, Staff Welfare Division, Head Office Manipal, Karnataka State.

3. The General Manager (P), Syndicate Bank, Head Office Manipal, Karnataka State. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more in the nature of Writ of Mandamus questioning the action on the part of the respondents in not sanctioning and releasing the pension and the terminal benefits due to the Petitioner's husband namely B.Laleppa on his retirement on attaining the age of superannuation on 30.06.2014 while working as Manager in Syndicate Bank and not sanctioning to the family pension and other benefits due on the death of Petitioner's husband who died on 30.08.2014 to the petitioner as illegal, arbitrary and violative of Article 14 & 21 of the Constitutional of India and consequently direct the respondents for sanction of pension and pensionary and terminal benefits due on the retirement and death of the husband of the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

IA NO: 1 OF 2017(WPMP 31328 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents for sanction of pension and pensionary and terminal benefits due on the retirement and death of the husband of the petitioner Counsel for the Petitioner: V MAHESWAR REDDY Counsel for the Respondents: PILLIX LAW FIRM The Court made the following order:

HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM W.P.No.25271 of 2017

ORDER:

The instant writ petition has been filed seeking the following main prayer:

“to issuea writ, order or direction more in the natureof Writ of Mandamus questioning the actionon the part of the respondents in notsanctioning and releasing the pension andthe terminal benefits due to the Petitioner's husband namely B.Laleppa on his retirement on attaining the age of superannuation on30.06.2014 while working as Manager in Syndicate Bank and not sanctioning to thefamily pension and other benefits due on thedeath of Petitioner's husband who died on31.08.2014 to the petitioner as illegal,arbitrary and violative of Article 14 & 21 ofthe Constitutional of India and consequentlydirect the respondents for sanction ofpension and pensionary and terminalbenefits due on the retirement and death ofthe husband of the petitioner and pass…...”

The sum and substance of the writ petition is that the respondent authorities are not releasing the terminal benefits, family pension to the petitioner, who is dependent of deceased employee Sri B.Laleppa, who retired on 30.06.2014 while working as Manager in Syndicate Bank. When the matter is taken up for hearing, the learned panel advocate for respondents 1 to 3 Philix Law Firm, represented by Ms.S.Harika, counsel forwarded the relevant papers, which reveal that the petitioner herein i.e. Smt.B.Prakrutha Devi, W/o.(late) B.Laleppa, received amount of Rs.1,27,432.35 towards E.P.F. on 26.08.2014 and further an amount of Rs.10,52,588/- towards gratuity fund on 12.01.2023 from the respondent bank authorities and also petitioner is getting family pension of deceased employee B.Laleppa, an amount of Rs.35,520/- per month from Canara Bank. To sub