IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.36288 of 2025

Dated: 18.12.2025

Between:

Tamkanath Fathima

…Petitioner

AND

Union of India & another

…Respondents

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India seeking a writ of mandamus directing respondent No.2 to release and remit the Employees’ Provident Fund accumulations pertaining to the share of the minor petitioner, Tamkanath Fathima, daughter of Late Shaik Tahseen, to the extent of Rs.1,50,000/- (or the admissible amount), lying in PF Account No.100036329102, without insisting upon production of a

Guardianship Certificate.

2. Heard Ms. Mytri Indukuru, learned counsel for the petitioner, Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for

respondent No.1 and Sri G. Venkateshvarlu, learned Standing Counsel for EPFO, for respondent No.2.

3. Learned counsel for the petitioner submits that the petitioner is a minor daughter of Late Shaik Tahseen, who died on 18.05.2022 while in service at Tesla Diagnostics, Chandanagar, Serilingapally Mandal, Ranga Reddy District. She submits that upon his death, the provident fund accumulations became payable to his legal heirs, namely the wife and two children. She submits that respondent No.2 has already released the shares pertaining to the wife and the major son, but has withheld the minor daughter’s share insisting upon a Guardianship Certificate. She submits that that such insistence is arbitrary and contrary to EPFO Circular No. WSU/Death Claims/E-1115891/2025-26/25 dated 13.08.2025, which categorically directs that no Guardianship Certificate shall be insisted upon where the settlement is to be credited directly into the bank account of the minor. She further submits that the continued refusal to release the minor’s share has caused serious financial hardship and is against the welfare of the minor.

4. Learned Standing Counsel for respondent No.2 submits that the EPF and EDLI benefits admissible to the wife and major son of the deceased employee have already been settled. He submits that with regard to the minor daughter, the claim could not be processed earlier as no valid claim in Form-20/Form-5IF was submitted on her behalf after issuance of the circular dated 13.08.2025. He submits that respondent No.2 has no objection to release the admissible benefits to the minor in terms of the said circular and that no Guardianship Certificate is required, provided the requisite claim forms along with the minor’s bank account details are submitted. He further submits that the delay, according to respondent No.2, is solely due to non-submission of the prescribed forms.

5. This Court has considered the submissions made by learned counsel for both sides and perused the material placed on record. It is not in dispute that the petitioner is a minor legal heir of the deceased employee and is entitled to her share in the provident fund accumulations. It is also not in dispute that the EPFO Head Office Circular dated 13.08.2025 clarifies that no separate Guardianship Certificate shall be insisted upon if the settlement is credited directly into the bank account of the minor. In view of the stand taken by respondent No.2 and the policy decision reflected in the said circular, this Court is of the opinion that the ends of justice would be met by directing the petitioner to submit the requisite claim forms and directing respondent No.2 to process the same within a stipulated time.

6. Accordingly, the Writ Petition is disposed of with the following directions:

i. The petitioner, through her mother and natural guardian, shall submit the requisite claim forms in Form-20 /Form-5IF, along with her bank account details, to respondent No.2, if not already submitted.

ii. Upon receipt of the said claim forms, respondent No.2 shall consider and process the claim of the minor petitioner and release the admissible provident fund benefits, without insisting on