Disposed

Neti Ramanjaneyulu v. Prl.Secretary ( Eudcation) and 4 Others

Andhra Pradesh HC25 Apr 2023WP/35140/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a nominee seeking arrears of pension and medical reimbursement for his sister. The Court directed the petitioner to file fresh representations with relevant documents within two weeks, treating the case as special due to her issueless status, and then directed respondents to consider it within two weeks thereafter.

What did the court decide?

Directed petitioner to file fresh representation with documents within 2 weeks; respondents to consider as special case within 2 weeks thereafter.

Neti Ramanjaneyulu Vs Prl.Secretary ( Eudcation)… — Medical Negligence | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY. THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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IS
-J

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 35140 OF 2016

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Between:

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M/S. Neti Ramanjaneyulu. S/o Neti Venkateswarulu. Hindu. Aged about 84 yrs, R/o. D.No.24-22-12. Chamarthi Vari Street. Durgapuram. Gandhi Nagaram. Vijayawada (Urban), Krishna Dist, A.P.

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...PETITIONER

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AND

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The State of Andhra. Pradesh. Rep by iits. Principle Secretary. Education Department. Secretariat Building Hyderabad.

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District Collector. Krishna. Machilipatnam

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TheE.G. RegionalDist.AP Joint Director of Intermediate Education. Rajahmahendravaram.'

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The Manager. Andhra Bank. Kaikalur. Krishna Dist,.

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The Principal. Government Junior College. Alamuru (PO) E.G. District A P

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...Respondent.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ .Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondents in releasing the arrears of pension and medical reimbursement etc of late Sarva Kameswararnma, W/o late Rajeswarudu to her nominee (Petitioner) Neti Ramanjaneyulu. S/o Late Venkateswarulu as illegal, arbitrary, unjust and unfair and violation of articles 14. 19.300A of the.Constitution of India and cpnsequently direct the respondents to release all the arrears of pension and medical reimbursement etc. of late S Kameswararnma to the petitioner.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to fix an early date to expedite the hearing of the above writ petition.

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I.A. NO: 1 OF 2016fWPMP. NO: 43312 OF 20161

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the Petitioner's representations ,dt 16.8.2016 and 6.10.2016 for arrears pension release of medical reimbursement of S Kameswaramma to the petitioner being the Nominee of S Kameswaramma within a period not beyond three weeks till pending disposal of the writ Petition and pass such other order or orders as this Hoh'ble Court may deems fit and proper in the circumstances of the case.

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Counsel for the Petitioner: SRI. M L NEELIMA Counsel for the Respondent No. 1, 3 &5: GP FOR EDUCATION (AP)

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Counsel for the Respondent No. 4: P V UMASHANKARA RAO

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Counsel for the Respondent No. 2: GP FOR REVENUE (AP)

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No. 35140 of 2016

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ORDER

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This Writ Petition is filed under Article 226 of the

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Constitution of India for 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 inaction of respondents . in releasing the arrears of pension and medical reimbursement etc., of late Sarva Kameswaramma W/o late Rajeswarudu to her nominee Petitioner Neti Ramanjaneyulu S/o Late Venkateswarulu as illegal, arbitrary, unjust, unfair and violation of Articles 14, 19, 300-A of the Constitution of India and consequently to direct the respondents to release all the arrears of pension ?ind medical reimbursement etc., of late S.Kameswaramma to.the petitioner...” 2. Brief facts of the case are that the petitioner is a retired Government employee, who is norninated by his sister late Sarva Kameswaramma to receive all her arrears of pension and medical bills. The petitioner has filed number of representations to the respondents for release of arrears of pension and medical reimbursement etc., of his late sister.

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As the same were not released by the respondents, the present writ petition is filed.

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Learned Government Pleader for Higher Education, have strongly opposing the case stating that the petitioner is not entitled for any relief as claimed in the present writ petition as he does not come within the purview of 4.1.3 of G.O.Ms.No.l74 dated 01.11.2013 which deals with the family members, who are entitled to avail the employees health scheme which read as follows

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“Family:- (a) In the case Of male govt servant family means his parents, wife, legitimate children including an adopted son and step child residing with and wholly dependent on him.

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(b) In the case of a women Govt. Servant it means her parents, husband and children residing v/ith and wholly dependent on her

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(i)The word wife includes more than one wife

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(ii)the claim for reimbursement of expenses in respect of parents should be accompanied by declaration in the proforma given below.

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However, it is a case of the petitioner that his sister is

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a widow and she does not have any legal heirs. The petitioner has spent amount towards medical expenses of his sister. Therefore, the petitioner being the sole legal heir has made

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an application for reimbursement of medical bills and arrears of pension.

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In view of the Same, instead of keeping this writ petition pending, this court feels it appropriate to dispose of this writ petition by directing the petitioner to file fresh representation for release of arrears of pension and medical reimbursement of his sister duly enclosing relevant material like medical bills of such claim etc., within a period of two (2) weeks from the date of receipt of a copy of this order and on filing such application, the respondents are dieted to consider the same and pass appropriate orders treating it as a special case as ■ the petitioner’s sister does not have husband and is issueless, within a period of two (2) weeks thereafter. 5. Accordingly, this writ petition is disposed of. There

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shall be no order as to costs.

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Consequently, miscellaneous petitions, pending if any, shall stand closed.

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Sd/- KJ RAJABABU ASSISTANT REGISJRa iR //TRUE COPY// <^^ECT?ON^FICER

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^°’l. The Principle Secretary. Education Department, State of Andhra Pradesh, Secretariat Building Velagapudi, Amaravati.

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District Collector, Krishna, Machilipatnam

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The Regional Joint Director of Intermediate Education, Rajahmahendravaram,

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The'Manager, Andhra Bank, Kaikalur Krishna Dist District A P

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5 The Principal, Government Junior College. Alamuru (PO) E.G. District A K 6 One CC to Sri. M L Neelima Advocate [OPUC] rni iTi 7. Two CCs to GP for Education (AP), High Court Andhra Pradesh. [OUT] 8. One CC to Sri P V Umashankara Rao Advocate [OPUC] 9. Two CC to Sri GP for Revenue (AP) Advocate [OPUC] 10. Two CD Copies

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CSB

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HIGH COURT

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DATED: 25/04/2023

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ORDER

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WP.No.35140 of 2016

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'^. SEP ^3
^^^^SLCHEQjt J

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DISPOSING THE WP WITHOUT COSTS

Neti Ramanjaneyulu v. Prl.Secretary ( Eudcation) and 4 Others

Case brief

What is this about?

What did the court decide?

Neti Ramanjaneyulu v. Prl.Secretary ( Eudcation) and 4 Others

Case brief

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What did the court decide?

What the court decided

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