In WP No.19762 of 2005, the petitioner challenged the rejection of her husband's death benefit application filed after his death. The court held the rejection was lawful and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 19762 of 2005
Between:
Thotharamudi Nirmala Kumari, w/o late T.Satyanarayana, r/o Bhatnavelli Village, New Colony, Amalapuram Mandal, East Godavari District.
..... PETITIONER
AND
The Secretary, Bar Council of State of Andhra Pradesh, High Court premises, Hyderabad.
.....RESPONDENT
THE HONOURABLE SRI JUSTICE K.C.BHANU
W.P.NO.19762 OF 2005
ORDER:
This writ petition is filed seeking a writ of Mandamus declaring the action of the respondent in issuing the impugned letter ROC.No.APWF 194/2005 dated 6-62005 in rejecting the death benefit application of the petitioner claiming the death benefits, welfare fund amount and other benefits as arbitrary and contrary to law, and consequently direct the respondent to pay the amount towards the welfare fund, death benefits and other benefits to the petitioner.
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
The learned counsel for the petitioner contended that after sending the application, the petitioner’s husband met with an accident and died. But as seen from the impugned proceedings, it is clear that the application of the petitioner’s husband for admission under the Welfare Fund was received in the office of the Secretary, A.P.
Advocates Welfare Fund, after the death of the petitioner’s husband on 4-1-2002. Therefore, the committee of the Welfare Fund Organization refunded the amount received from the Advocate. As such, the impugned order does not suffer from any legal infirmities so as to call for interference by this court since the application for admission was received after the death of the husband of the petitioner. The application was rightly rejected and there are no grounds to interfere.
The writ petition is accordingly dismissed. No order as to costs.
K.C.BHANU,J
08-09-2005
Stp
1 issue framed by the court
Whether the rejection of the death benefit application due to post-death filing constitutes an arbitrary action contrary to law.
Thotharamudi Nirmala Kumari
The Secretary, Bar Council of State of Andhra Pradesh
K.C. Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
