Remanded

Kum. Dasari Venkata Geetha Anuhya, v. The State of Andhra Pradesh

Andhra Pradesh HC25 Jul 2022WP/15283/2021

Case brief

AI extract

What is this about?

Petitioner, a minor daughter, sought writ relief against the Government and her father to claim death and pensionary benefits of her deceased mother. The Court found this a family dispute requiring elaborate trial evidence before a competent civil court for declaration of entitlement.

What did the court decide?

Liberty granted to parties to approach competent civil court for declaration; interim order maintaining status quo continued pending trial conclusion.

Kum. Dasari Venkata Geetha Anuhya, Vs… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE Dr.JUSTICE K. MANMADHA RAO

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WRIT PETITION No.15283 of 2021

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ORDER :

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This Writ Petition is filed under Article 226 of the Constitution

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of India, seeking the following relief:

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“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in proposing to disburse the entire death and pensionary benefits of Smt. Chintalacheruvu VSN Anjali Devi to the 5^th respondent as arbitrary, illegal and consequently direct the respondents to deposit the said death and pensionary benefits of Smt. Chintalacheruvu VSN Anjali Devi to the petitioner and pass such other orders.”

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Heard Mr. Ramachandra Rao Gurram, learned counsel for

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the petitioner and learned Government Pleader for Services-III for the respondents 1 to 4.

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Learned counsel for the petitioner would contend that the petitioner is the daughter of Late Chintalacheruvu Venkata Siva Naga Anjali Devi @ Ch.V.S.N.Anjali Devi, who died on 16.04.2021 due to Covid-19, while working as Secondary Grade Teacher, MPUP School, Dondapadu Village, Narasaropet Mandal, Guntur District. The 5^th respondent is the father of the petitioner, who is working as Secondary Grade Teacher at MIPAPBCWR School and Junior College, D.V.Satram, SPSR Nellore District since 23.12.2019, who did not show any responsibility towards his daughter i.e minor petitioner and he did not allow her in his house. The minor girl is studying VII Class, the maternal grandmother of the petitioner is taking care of her, since her mother is died unexpectedly in Covid-19. The 5^th respondent is drawing gross salary of Rs. 36,961/- and he was

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threatened that he is going to take away the entire death and pension benefits of the deceased and he is going to get married again. Therefore, on 14.07.2021 the petitioner made a representation to the 4^th respondent, requesting not to grant death and pensionary benefits in the name of the petitioner. Further the petitioner came to know that her deceased daughter was enrolled under the Central Pension Scheme, under which the daughter of the deceased is entitled to benefits. The petitioner came to know that the 5^th respondent had already received Rs. 17,000/- from the 4^th respondent towards funeral benefits. The petitioner issued legal notice dated 15.07.2021 to the respondents with a request them no to pay any death and pensionary benefits of deceased to the petitioner. The respondents are making efforts to disburse the death benefits and pensionary benefits to the 5^th respondent, which is illegal and arbitrary. Hence the writ petition came to be filed.

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Per contra, the respondents 1 to 4 filed counter-affidavit denying all material averments made in the writ affidavit and mainly contended that as per interim orders of this Court, the Death Benefits of the deceased employee by name Ch.Venkata Siva Naga Anjali Devi, aged 37 years, worked at MPUP School, Dondapadu Village, Narasaropet Mandal, Guntur District stopped payment to the 5^th respondent, who approached for the same in the status of husband of the deceased Anjali Devi and it is laid with the Government till date. Further the salary amount of Rs. 51,790/- of the deceased employee was not disbursed, as she was died on 16.05.2021 due to Covid-19

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and also pensionary benefits are kept in hold due to non submission of any proposal to the 4^th respondent.

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It is further contended that pursuant to the orders of this Court dated 03.08.2021 in this Writ Petition, since minor interest involved in the matter and she is under the care and custody of maternal grandmother, the respondents have maintained status quo as on the date with regard to payments till then. Pursuant to the orders of this Court, the 4^th respondent is not taking steps to disburse the death and pensionary benefits to the 5^th respondent. Since there is a family dispute between the members of petitioner and 5^th respondent, therefore it is open to them to approach the competent court for declaration of claiming the amounts, instead of approaching this Court by way of this writ petition. Hence, requested to dismiss the writ petition.

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On 03.08.2021 this Court issued interim direction to the respondents, since minor interests are involved and she is in the care of maternal grandmother. The 4^th respondent herein is directed to maintain status-quo as on the date with regard to payment till then. Pursuant to the same the 4^th respondent did not take any steps to disburse the pensionary and death benefits of the deceased to either minor petitioner or 5^th respondent. Since there is a dispute between the families of the petitioner and 5^th respondent, the official respondents also inviting an order of declaration to disburse the benefits pertaining to the deceased, since there is a rival claim between the parties and consequently withholding the pensionary and death benefits of the deceased in the government till now.

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This Court feels that it is better get fair decision from competent civil court of law for declaration of claiming the amounts pertaining to the deceased employee, by both the parties, which needs elaborate trial and evidence. Therefore it is not a fit case to issue a direction to the official respondents not to disburse the pensionary and death benefits to the 5^th respondent, when there is a rival claims between the parties.

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Having regard to the facts and circumstances of the case, upon perusal of the record and considering the submissions of the learned counsel, this Court granting liberty to the minor petitioner and 5^th respondent to approach competent court of law for declaration of claiming the amount pertaining to the deceased employee and they shall entitled the benefits subject to result of the claim petition made by the respective parties before the competent trial court. Further, interim order granted by this Court on 03.08.2021 shall remains in force till attaining finality in the trial proceedings between the parties and further directing the respondents not to disburse the pensionary and death benefits of the deceased employee either to the minor petitioner or to the 5^th respondent till concluding the trial proceedings.

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With the above direction, the writ petition is disposed of accordingly. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall

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also stand closed.

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__________________________________ DR.JUSTICE K. MANMADHA RAO

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Date: 25.07.2022. KK

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THE HON’BLE Dr.JUSTICE K. MANMADHA RAO

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WRIT PETITION No.15283 of 2021

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Date: 25.07.2022. KK

Kum. Dasari Venkata Geetha Anuhya, v. The State of Andhra Pradesh

Case brief

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Kum. Dasari Venkata Geetha Anuhya, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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