HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.46878 of 2022

ORDER:

Heard Sri P. Lalitha Kamesh, learned counsel appearing on behalf of the petitioner, Sri M. Murali Krishna, learned Standing Counsel appearing on behalf of respondent No.2 and learned Assistant Government Pleader for School Education, appearing on behalf of respondent Nos.1, 3, 4 and 5.

2. The petitioner filed the writ petition seeking 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 Respondent No.2 in not making of 100 percent of GPF amount accumulated in the GPF account No.WEL/7099 to the petitioner in the absence of no other legal heirs/claimants is illegal, arbitrary and violative of principals of natural justice and also against Articles 14, 16, 19, 21 of Constitution of India consequently direct the respondent No.2 to release the 50 percent of the GPF along with interest withhold to the petitioner and pass...”.

3. The case of the petitioner, in brief, is that respondent No.2 while processing the GPF claim refund of late husband of petitioner by name Mohammed Abdul Khan, had only made the authorization for the payment of Rs.39,290/- and withheld 50% of amount without any reasons. The petitioner further submits that her late husband was survived with two wife’s i.e. one Rafiya begum and the petitioner herein. Both the wives are issueless. The Tahsildar, Bahadoorpura Mandal had issued family member certificate mentioning both the wives names to claim the benefits on 24.01.2014 and thereafter Smt. Rafiya begum died on 29.06.2018 leaving behind the petitioner as the sole legal heir. As such the petitioner herein alone is entitled for the refund of the remaining balance amount held up in her late husband GPF Account No.WEL/7099. Aggrieved thereby the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD (A). The learned counsel appearing on behalf of the

2^nd respondent herein brings on record the proceedings dated 30.12.2024 issued to the 5^th respondent herein and the same is extracted hereunder “Sub: GPF Final payment in respect of Late Mohd. Abdul Nayeem Khan – GPF account No. 7099/WEL- Reg.

Ref: 1. Orders of Hon’ble High Court W.P. No.19748 of

2021, dated 24.08.2021, 2. This office Letter No. Funds -204/III/2021-22/

571, dated 01.09.2021.

3. This office Letter No. Funds-204/III/2021-22/

702, dated 05.10.2021.

4. This office Letter No. Funds-204/III/2021-

22/794, dated 02.11.2021

5. Your office letter No. 46/HM/GBHS/ DRUL/

2021, dated 06.11.2021, 6. This office letter No. funds-2024/III/2021-22/

920, dated 09.12.2021, 7. This office letter No. Funds 204/IV/2022-23/18 dated 07.02.2023.

While finalizing the GPF Final withdrawal in respect of Late Mohd Abdul Nayeem Khan, GPF Account No.7099/WEL, it is noticed in column No. 12 of the FW application the names of Smt. Rafia Begum (1^st wife) and Smt. Tahera Begum (2^nd wife) were mentioned as the surviving members of the family as on the date of death of the subscriber.

Smt. Rafia Begum died on 20.06.2018. However, the details of children/ members of family/ legal heirs of Smt. Rafia Begum, 1^st wife of the deceased subscriber had not been mentioned therein.

50% share of the GPF Final withdrawal amount authorized to Smt. Tahern Begum 2nd wife, vide this office Lr.No. PAG(A&E)/ TS/ F204/ III/ 2021-22/ 909 to 912 dated

08/ 12/ 2021.

The details of the children/members of family/legal heirs of Smt.

Rafia Begum I wife of Late Mohd Abdul Nayeem Khan, based on his service records maintained in your office or certified by Revenue Authorities, may be obtained and submitted to this office for release of 50% of GPF amount, which were already called for from your office vide reference 6^th cited.

Smt.Tahera Begum, 2^nd wife filed Writ petition No.46878 of 2022 (Copy enclosed) for release of remaining 50% of share of GPF amount to her.

Hence an immediate reply may be furnished in this regard”.

(B) The letter vide