Disposed

Nuthangi Seetha Ramamma, v. The State of A.P

Andhra Pradesh HC16 Sept 2024WP/4657/2024

Case brief

AI extract

What is this about?

Writ petition by widow and sons of a deceased Zilla Parishad Superintendent seeking pension and death benefits against rival heir claims. After the seventh respondent submitted descriptive rolls, the court directed the authorities to forward proposals and pass orders per Rules, disposing the writ without touching the pending appeal's merits.

What the court decided

AI extract

Nuthangi Seetha Ramamma, Vs The State… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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

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TUESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4657 OF 2094

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Between;

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Nuthangi Seetha Ramamma, W/o. late Jeevamadhuram aged; 67, R/oD.No. 19-42, Chintalapudi, Chintalapudi Mandal, West Godavari District.

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NuthangiSesha Praveen Kumar, S/o. late Jeevamadhuram aged; 35,

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R/o. Gantavari street, Chintalapudi, Chintalapudi Mandal, West

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Godavari District.

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NuthangiSesha Naveen Kumar, S/o. late Jeevamadhuram, aged; 31

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R/o- D.No.20-42, Gantavari street, Chintalapudi, Chintalapudi Mandal, West Godavari District.

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NuthangiSesha Pavan Kumar, S/o, late Jeevamadhuram, aged; 30, R/o- D.No.20-42, Gantavari street, Chintalapudi, Chintalapudi Mandal, West Godavari District.

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...PETITIONERS

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AND

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The State of A.P, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Dept., Secretariat. Velagapudi, Guntur District , A.P 522001.

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The Director, Department of State Audit, Plot No. 11, KJ Systems

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building. Near APIIC IT Park, Mangalagiri, Guntur District.

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The District Collector, Eluru District.

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The Chief Executive Officer, Zilla Praja Parishad, Eluru District (erstwhile W.G District), Eluru, West Godavari.4

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The Mandal Parishad Development officer, Jangareddygudem Mandal, Eluru District.

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The District Audit Officer, State Audit Department, Local Fund Audit, Eluru, Eluru District.

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Nuthangi Sirisha, D/o. late Jeeva madhuram, aged- 37, R/o- D.No.2-417, near Lutharan church, Kowur, East Godavari District.534350.

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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 there\A/ith, the High Court may be pleased to issue a \A/rit , order or direction more particularly one in the Writ of Mandamus declaring the proceedings in i. R.C No.A/152/2022 dated 18-5-2023 issued by 5'^ respondent ii.Letter.S.A.No.22/2022-2023 dated 3-5-2023 issued by the 6 respondent as illegal, arbitrary and violative of Article 21 of the Constitution of India and consequently direct the respondent authorities i. to pay pension and other nominee based death benefits to the 1*' petitioner and ii. to reiease the respective shares of death benefits of late Nuthangi Jeevamadhuram to which the petitioners are entitled for, without insisting for the descriptive roll of the 7^^ respondent.

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lA NO: 1 OF 2n?4

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the official respondents to release pension of late Nuthangi Jeevamadhuram to the 1 petitioner, pending disposal of the above Writ Petition.

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Counsel for the Petitioners: SRI P. VIVEK

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Counsel for the Respondent Nos.1 & 3: GP FOR PANCHAYAT RAJ &

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RURAL DEVELOPMENT

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Counsel for the Respondent Nos.2 & 6: GP FOR FINANCE AND

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PLANNING

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Counsel for the Respondent Nos.4 & 5: SRI G. SRINIVASULA^REDDY,SC

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FORZPP, MPP&G.P

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Counsel for the Respondent No.7:SRI G. RAMA KRISHNA

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Counsel for the Respondents; GP FOR SERVICE-1

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The Court made the following: ORDER

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APHC010085442024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3331]

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TUESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 4657/2024

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Between:

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Nuthangi Seetha Ramamma, and Others ...PETITIONER(S) AND

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The State Of A P and Others ...RESPONDENT(S) i Counsel for the Petitioner(S):

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1.P VIVEK

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Counsel for the Respondent(S):

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1.GP FOR FINANCE PLANNING 2.GP FOR PANCHAYAT RAJ RURAL DEV 3.GPFOR SERVICES I (AP) 4.G RAMA KRISHNA

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5.G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) The Court made the following:

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ORDER

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This Writ Petition is filed to declare the proceedings vide Rc.No.A/152/2022 dated 18.05.2023 issued by 5‘^ respondent^andthe

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Page 2 of 3 I

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Letter S.A.No.22/2022-2023 dated 03.05.2023 issued by 6 respondent, as illegal and arbitrary.

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Heard Sri P.Vivek, learned counsel for the petitioners, Sri S.Raju, learned Assistant Government Pleader for Services for Respondents 1, 3 to 6 and Sri G.Srinivasula Reddy, learned standing counsel for respondents 4 & 5 and Sri G.Ramakrishna learned counsel for 7*^ respondent.

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One Sri Nuthangi Jeevamadhuram, Superintendent, worked in Zilla Parishad died in harness on 12.01.2010. There is dispute f between petitioners on one hand and 7**^ respondent on the other. In the affidavit, it was contended that 1®‘ petitioner is the wife and the petitioners 2 to 4 are children of Sri Jeevamadhuram. During his lifetime, Sri Jeevamadhuram filed O.P.No.1 of 1987 on the file of Subordinate Judge, Tadepalligudem against the mother of t respondent, seeking divorce. The said OP was allowed on 19.10.1987 dissolving the marriage between Jeevamadhuram and the mother of 7*^ respondent. After death of Jeevamadhuram, 7“^ respondent along with her mother filed suit O.S.No.62 of 2010 on the file of Senior Civil Judge, Kovvur, against the official respondents and petitioners herein . to declare them as Class-1 heirs of deceased Sri Jeevamadhuram and to grant death benefits. The said suit was partly decreed by judgment dated 29.08.2022. The 2^^ plaintiff i.e. respondent herein and the petitioners herein were declared as Class-1 heirs. The trial Court further declared that writ petitioners and 7‘^ respondent herein are entitled to death benefits. Since the 7*^ respondent did not submit the

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Page 3'of 3

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descriptive rolls, 6*'" respondent returned the proposals sent by 5 th respondent.

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At the hearing, when this Court pointed out about the^decree passed by the Civil Court, learned counsel for 7*^ respondent would submit that against the judgment and decree in O.S.No.62 of 2010, an appeal is filed with a delay before this Court and the same is pending.

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Pending the writ petition, 7*^ respondent submitted descriptive rolls to the 5*^ respondent by registered post vide^{RN525744621IN} dated 13.09.2024. Learned counsel for 7*^ respondent^{filedPhotostat} copy of postal receipt and the same is made part of^therecord.

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Since the 7*^ respondent submitted descriptive rolls, 5 th respondent shall forward the proposals to the 6*^ respondent regarding death benefits of N.Jeevamadhuram. The 6''^ respondent shall consider the descriptive rolls and pass appropriate orders, strictly as per Rules, as expeditiously as possible. J

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With the above direction, this Writ Petition is disposed of. No order as to costs. It is made clear that observations made, if any, in^thisorderare made to dispose of the writ petition but not touching^{themeritsofthe} claim pending in the first appeal. As a sequel, pending miscellaneous petitions, if any,^shallstand closed.

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To,

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//TRUE COPY//

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Sd/- M. SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER

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The Principal Secretary, Panchayat Raj and Rural Development Dept., State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, A.P 522001.

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The Director, Department of State Audit, Plot No. 11, KJ Systems building. Near APIIC IT Park, Mangalagiri, Guntur District.

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The District Collector, Eluru District.

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The Chief Executive Officer, Zilla Praja Parishad,^{EluruDistrict} (erstwhile W.G District), Eluru, West Godavari.

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The Mandal Parishad Development officer, Jangareddygudem^Mandal Eluru District.

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The District Audit Officer, State Audit Department, Local Fund Audit, Eluru,Eluru District.

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One CC to Sri P. Vivek, Advocate [OPUC]

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One CC to Sri G. Srinivasula Reddy, SC for MPP, ZPP^andGram Panchayat[OPUC]

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One CC to Sri G. Rama Krishna, Advocate[OPUC]

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Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT

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Two CCs to GP for Finance and Planning, High Court^ofAndhra Pradesh. [OUT]

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Two CC’s to GP for Services-I, High Court of A.P. at Amaravati[OUT]

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Three CD Copies. ssb Wi.

HIGH COURT

DATED: 17/09/2024

ORDER

WP.No.4657 of 2024

DISPOSING OF THE W.P. WITHOUT COSTS

Nuthangi Seetha Ramamma, v. The State of A.P

Case brief

What is this about?

What the court decided

Nuthangi Seetha Ramamma, v. The State of A.P

Case brief

What is this about?

What the court decided

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