THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11776 OF 2025

ORDER:

This Writ Petition is filed questioning the endorsement issued by respondent No.3 in File No.C/88/2025, dated 17.03.2025, rejecting the application submitted by the petitioner for issuance of Family Member Certificate.

2. It is stated that the petitioner is the wife of the deceased employee, Samala Subash, and she is entitled for Family Member Certificate for receiving various incentives/ benefits of the deceased employee sanctioned by the Government from time to time. It is stated that when the petitioner’s application was not considered for issuance of Family Member Certificate, she was constrained to file W.P.No.868 of 2025 on the file of this Court and the said Writ Petition was disposed of by this Court by order, dated 09.01.2025, directing respondent No.3/Tahsildar to examine the representation of the petitioner for issuance of Family Member Certificate in terms of the Government orders in G.O.Ms.No.145, dated 25.04.2015 and G.O.Ms.No.237, dated

30.06.2015, after issuing notice to all the interested parties and conducting an enquiry within a period of one month from the date of receipt of a copy of the said order. The grievance of the petitioner is that respondent No.3, without conducting any enquiry as directed by this Court, has simply rejected the application of the petitioner on the ground that the mother of the deceased employee i.e., mother-in-law of the petitioner has filed written objections for issuance of Family Member Certificate in favour of the petitioner in terms of G.O.Ms.No.145, dated 25.04.2015.

3. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and with their consent, this Writ Petition is being disposed of at the admission stage. In view of the nature of relief sought for in this Writ Petition, issuance of notice to the unofficial respondent is dispensed with.

4. A perusal of the impugned order would reveal that as per paragraph No.3, precaution No.6 in Memo No.11496/Sec.II/2013-2, dated 25.06.2013 of Revenue (Ser.II) Department, Government of Andhra Pradesh, ‘Family member certificate shall be given wherever consensus is there among all the family members’. In view of the disputes between the petitioner and her mother-in-law i.e., respondent No.4, there is no illegality or legal infirmity in the impugned order warranting interference of this Court under Article 226 of the Constitution of India. However, the case of the petitioner is that she is wife of the deceased employee and she is entitled to receive various incentives and in view of the family disputes, this Court is of the opinion that the ends of justice would be met if the petitioner is permitted to file an appropriate application under Hindu Succession Act, 1956, seeking declaration that she is the wife of the deceased employee and on such petition being filed by the petitioner before the Competent Court/Forum, the said Competent Court/Forum is directed to decide the said application as expeditiously as possible not later than six months of the date of institution of the said case.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

______________________________________ JUSTICE C.V.BHASKAR REDDY

21.04.2025 TMK THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11776 OF 2025

21.04.2025 TMK