HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.13483 OF 2022

ORDER:

Heard Sri Rapolu Bhaskar, learned counsel appearing on behalf of the petitioner, Sri N.Chandrashekhar, learned standing counsel appearing on behalf of the respondent Nos.1 & 2 and Sri Bhooma Goud, learned counsel appearing on behalf of the respondent No.3.

2. The petitioner approached the Court seeking prayer as under:

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non- considering the application of the petitioner, and non- initiating to pay the death benefits and other benefits to the petitioner, who is a nominee appointed by the deceased husband of the petitioner in his life time, basing on the representation of the petitioner, is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice, violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the application of the petitioner, and to pay the death benefits and other benefits to the petitioner, who is a nominee appointed by the deceased husband of the petitioner in his life time, basing on the representation of the petitioner and pass…”

3. The case of the petitioner, in brief, is that petitioner’s husband worked as TSRTC driver at Kushaiguda Depot and died due to heart attack on 23.12.2020. It is the specific case of the petitioner that the petitioner is the sole nominee, as appointed by the petitioner’s husband, to receive benefits after death of the petitioner’s husband. However, the respondent no. 2 denied the death benefits along with Ex gratia, gratuity, leave encashment and salary which will amount to, as per calculations, Rs.34,79,650/- (thirty four lakhs seventy nine thousands six hundred and fifty rupees only) to the petitioner even after several representations made by the petitioner. Aggrieved by the same, the petitioner preferred this writ petition.

PERUSED THE RECORD.

4. The counter affidavit has been filed on behalf of the respondent Nos. 1 & 2 and in particular para Nos. 10 to 12 are extracted hereunder:-

10. I t is respectfully submitted that inview of the rival claims, the Corporation, vide Letter No.P2/ 188(2)/ 2021/ KG, dated 06.07.2021, advised both parties to obtain and submit a Succession Certificate issued by a competent Authority for the purpose of determining the rightful beneficiary entitled to receive the settlement amounts. The said amounts include, inter alia, gratuity, provident fund, leave encashment, and other terminal benefits accruing to the legal heirs of the deceased employee.

11. It is respectfully submitted that the Corporation has not vested interest in the present dispute and stands neutral with respect to the entitlement of the settlement dues. The Corporation is obligated to act in accordance with the law.

12. The Respondent Corporation humbly submits that it is prepared to disburse the settlement dues of late Sri S.Nagender in favour of the person(s) lawfully declared as the rightful beneficiary/beneficiaries, as determined by the appropriate forum or upon submission of a valid Succession Certificate by the concerned parties.

DI SCUSSI ON AND CONCLUSI ON

5. Learned counsel appearing on behalf of the petitioner specifically contends that in spite of petitioner’s application, dated 10.10.2021 addressed to the respondent Nos.1 & 2 herein seeking payment of the death benefits and other benefits to the petitioner who is a nominee appointed by the deceased petitioner’s husband during his life time, there had been no action on behalf of the respondent Nos. 1 & 2 and aggrieved by the same, the petitioner approached this Court by filing the present Writ Petition.

6. A bare perusal of the averments made in the counter affidavit filed on behalf of the respondent Nos.1 & 2 in particular Para Nos. 10 to 12 (referred to and extracted above) clearly indicates that in pursuance to the appli