C.H.Joel Raj, Vs The State of Andhra Pradesh

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

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THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 1364 OF 2021

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Between:

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C.H.Joel Raj, S/o.C.H. Devraj, Aged about 26years, Occ: Employee, R/o.H.No.4-1774-10, Papampeta, Near Peddamma Temple, Anantapur04.

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...Petitioner

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AND

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The State of Andhra Pradesh, rep. by its Secretary, Education Department, A.P.Secretariat, Velagapudi, Amaravathi,^{AndhraPradesh.}

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Joint Director, APGLI Office, Adult Education Dept.,^Kurnool.

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The Deputy Director of Adult Education, And Secretary,^ZillaShiksha Samithi, Adult Education, Collectorate Campus, Kurnool.

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Accounts General, APGLI Office, Adult Education Dept.,^Kurnool

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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 an Order or direction, or writ one more particularly in the nature of writ of mandamus Directing the Official Respondents to release the death benefits of Deceased except as explained^ordelineated in the tabular column in Para No.9 of Writ Affidavit in favour of Petitioner.

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%

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lA NO: 1 OF 2021

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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 stop the proceedings initiated as per letter Dated 13.04.2018 bearing Ref.No.FP 03/11/2018-19.

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Counsel for the Petitioner: SRI. M KRISHNA CHAITANYA

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Counsel for the Respondent Nos. 1&3: GP FOR SERVICES^III

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Counsel for the Respondent Nos. 2&4: M/S K SWARNA SESHU SC FOR APGLI

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The Court made the following order;

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1

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APHC010018952021

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3310]

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(Special Original Jurisdiction)

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THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 1364/2021

Between:

C.h.joel Raj

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.M KRISHNA CHAITANYA

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Counsel for the Respondent(S):

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1.GP FOR SERVICES III

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2.KSWARNASESHU

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The Court made the following:

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ORDER;

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The Writ Petition is filed under Article 226 of the Constitution of India,

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seeking the following relief:

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“ Directing the Officiai Respondents to release the^{deathbenefitsof} Deceased except as explained or delineated in the tabular^column in Para No.9 of Writ Affidavit in favour of Petitioner and pass such other order or orders ”

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2

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Brief facts of the case are that one C.Samson Babu, who is the junior paternal uncle of the petitioner and who worked as Supervisor in Adult Education Department at Kurnool, remained as bachelor and died on 28.08.2013 leaving behind the petitioner as his sole legal heir. During his lifetime, said Samson Babu appointed the petitioner as nominee and submitted the nomination form in Adult Education Department,^wherehewas working, authorizing the petitioner to receive arrears^{ofretirementbenefitsin} the event of his retirement or death. After the death of said Samson Babu, the petitioner obtained succession certificate and applied for pensionary benefits such as Group Insurance, Encashment of Earned Leave, Leave salary on medical grounds and etc. The official respondents have sent the application of the petitioner to the legal examination vide letter bearing Rc.No.60/DDAEK/KNL/2014, dated 29.06.2015 and in turn, the Senior Accounts Officer, Adult Exucation, have sent a correspondence to respondent No.3 vide letter bearing No.FP03/11/2018-19, dated 13.04.2018. Thereafter, the petitioner has sent legal notices to the respondent authorities seeking clarification and demanding to release the death benefits of the deceased. Respondent No.3 has replied to the legal notice dated 29.10.2020 stating that they are awaiting clarification from JD with respect to releasing APGLI claim and other^{deathbenefitsare} not to be released to the petitioner, as he is not the adopted son. Hence the present writ petition is filed.

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1.1

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3

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Heard learned counsel for the petitioner, learned Assistant^Government Pleader for Services-lll, appearing for the respondents 1 and 3 and Ms.K.Swarna Seshu, learned Standing Counsel appearing for the respondents 2 and 4.

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Perused the record.

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Upon perusal of the reply notice sent by the Director^ofInsurance, District Insurance Office, Andhra Pradesh, Kurnool, to the petitioner, it appears that the Director of Insurance has sought for^{clarificationfrom} the petitioner to submit new death claim forms along with legal heir certificate. death certificate, aadhar Xerox and bank passbook first page Xerox. But, learned counsel for the petitioner is not in a position to get the status whether the information which was sought for by the respondents, is submitted by the petitioner or not.

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On hearing the submissions of both learned counsels^{andinviewofthe} facts and circumstances of the case, this Court feels it appropriate to dispose of the writ petition directing the petitioner to submit^all the requisite documents in the proforma issued by the respondent authorities,^within a^{periodoffifteen} (15) days from the date of receipt of a copy of this^order. Further, on receipt of the relevant documents and application from the petitioner, the respondents No.1 to 3 are directed to clear the death benefits of the deceased employee to the petitioner within a period of four (04) months^{fromthedateofreceiptofthe} relevant documents.

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