Disposed

Gumpula Ruth Evangeline v. The State of Andhra Pradesh

Andhra Pradesh HC26 Sept 2022WP/7231/2022

Case brief

AI extract

What is this about?

This common order disposed of two writ petitions concerning death benefits and compassionate appointment. The Court noted rival civil claims between the petitioners and directed the authorities to withhold disbursement until finality of the declaration proceedings in the lower courts.

What did the court decide?

Impelled official respondents not to disburse death/terminal benefits to either party until finality of declaration proceedings before competent fora.

Gumpula Ruth Evangeline Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2022)

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THE HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION Nos.22138 and 7231 OF 2022

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COMMON ORDER :

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Writ Petition No. 22138 of 2022 is filed under Article 226 of

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the Constitution 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 official respondents in not appointing the petitioner on any appropriate post on compassionate grounds and not releasing the retirement benefits of her late husband Mr. V. Wilson including family pension as arbitrary, illegal, discriminatory and unconstitutional, violative of articles 14, 16 and 21 of the Constitution of India; and issue consequential directions directing the respondents to forthwith consider the appointment of the petitioner in any suitable post on compassionate grounds, with further direction to release the retirement benefits arising out of the death of petitioner’s husband Late Sri V. Wilson including family pension forthwith and pass such other orders....”

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Writ Petition No. 7231 of 2022 is filed under Article 226 of

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the Constitution 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 respondents in not paying the death benefits of petitioner’s husband late Vutchula Wilson, Teacher in Kummarigunta Elementary School, Pudur Mandal, West Godavari District, who died on 17.07.2016 as illegal, arbitrary and contrary to the Rules and Regulations contemplated thereunder and consequently direct the respondents to pay the death benefits of late Vutchula Wilson to the petitioner forthwith and pass such other orders....”

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Since the issue involved in all these writ petitions is one and the same, the same are heard and are being disposed of by this common order.

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Heard Mr. P.V.Krishnaiah and Mr. Polisetti Radha Krishna, learned Counsel for the petitioners in respective writ petitions; learned Government Pleader for Services-III for the respondents.

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During hearing learned counsel for the petitioners in both the writ petitions reiterated their respective contents urged in the writ affidavits and mainly contended that Ms. Samatha i.e petitioner in W.P.No.22138 of 2022 filed a suit in O.S.No.22 of 2017 on the file of Senior Civil Judge, Narsapuram against the petitioner in W.P.No.7231 of 2022 for declaration of title over the property covered under a Will Deed. The said suit is pending.

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Whereas learned Government Pleader for the respondents mainly contended that there are cases pending as stated supra between the petitioner in W.P.No.22138 of 2022 and petitioner in W.P.No.7231 of 2022 before the Court below. Therefore, the official respondents did not consider the case of the petitioner in W.P.No.22138 of 2022 and petitioner in W.P.No.7231 of 2022, so as to take steps for disbursement of death benefits of the deceased

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employee. Therefore, requested to pass appropriate orders in this writ petition.

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As could be seen from the record, it is observed that there are rival claims between the petitioners in both the writ petitions and made representations to the official respondents for grant of death /terminal benefits of the deceased. Therefore the respondent authorities have no authority for implementation of the reliefs sought in the writ petition.

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It is made clear that there are rival claims between the parties i.e petitioner in W.P.No. 22138 of 2022 on one hand and petitioner in W.P.No.7231 of 2022 on the other. When there is a rival claims between the parties, they ought to have approach proper fora to obtain necessary orders and it is improper to adjudicate the issue directly in this writ petition under Article 226 of Constitution of India.

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Since the issue involved in these writ petitions has to be decided before appropriate fora, having original jurisdiction, therefore this Court without touching the merits of the case inclined to pass orders at the stage of admission.

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Under these circumstances, it is left open for the petitioner in W.P.No. 22138 of 2022 and petitioner in W.P.No.7231

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of 2022 to approach proper fora for redressal of their grievance including declaration of their respective reliefs and obtain necessary orders to get pension and consequential benefits of the deceased employee by name Mr. Vutchula Wilson from the official respondents, while directing the official respondents not to disburse death / terminal benefits of the deceased to either of the parties till finality of the declaration proceedings before the competent fora.

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With the above direction, the Writ Petitions are disposed of. No costs.

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As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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DR.K. MANMADHA RAO, J

Date: 26.09.2022

THE HON’BLE DR. JUSTICE K. MANMADHA RAO

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WRIT PETITION Nos.22138 and 7231 OF 2022

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Date: 26.09.2022

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Gumpula Ruth Evangeline v. The State of Andhra Pradesh

Case brief

What is this about?

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Gumpula Ruth Evangeline v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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