Disposed

Gaddam Navamani v. The Andhra Pradesh State Transport Corporation

Telangana HC23 Apr 2010WP/5836/2010

Case brief

AI extract

What is this about?

In this writ petition, the widow of a deceased employee of the Andhra Pradesh State Road Transport Corporation sought payment of PF amounts and death benefits. The court disposed of the petition at the admission stage by directing the respondents to consider the claim and pay the due amount with interest within four weeks.

What did the court decide?

Direction to the respondents to consider the petitioner's request and pay the PF amount of Rs. 50,706/- with interest within four weeks of receiving a copy of this order.

Gaddam Navamani Vs The Andhra Pradesh… — Pension and Retirement Benefits | Telangana HC (2010)

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HONOURABLE SRI JUSTICE G.CHANDRAIAH

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Dated 23-4-2010

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WRIT PETITION No.5836 OF 2010

Between:

Gaddam Navamani.

…Petitioner.

And:

The Andhra Pradesh State Road Transport Corporation represented by Managing Director, Musheerabad, Hyderabad and others.

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……Respondents.

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HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.5836 OF 2010

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ORDER:

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This writ petition is filed seeking to declare the action of the respondents in not paying the P.F. amounts and other death benefits payable to the petitioner on the death of her deceased husband Gaddam David Raju who worked as Shramik with E.No.035758 in the 3^rd respondent Depot as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the respondents to pay the P.F. amount of Rs.50,706/- with interest to the petitioner.

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The case of the petitioner, in brief, is as follows:

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The husband of the petitioner by name Gaddam David Raju (hereinafter referred to as ‘the deceased’) worked as shramik in the 3^rd respondent depot for ten years and died during the course of his employment. The petitioner being the wife of the deceased is entitled to all the benefits on the death of her husband. In this connection, she approached the office of the 3^rd respondent

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several times for the said benefits, but they postponed the payment on various reasons. She made a representation on 4-102008 to the 3^rd respondent enclosing a copy of death certificate and legal heir certificate requesting for release of the death benefits. Thereupon, the 3^rd respondent sent a letter to the 2^nd respondent vide letter No.E1/756 (3) /2006-KMM dated 5-11-2008 requesting the 2^nd respondent to settle P.F. account of the deceased and also mentioned in that letter that a cheque bearing No.307034 dated 9-9-2006 for Rs.50,706/- received from the 2^nd respondent towards settlement of P.F. account of the deceased was returned to the 2^nd respondent as the deceased did not come forward to receive the said cheque though exhibited on the notice board. Thereafter, though all the required documents were submitted to the 3^rd respondent, he failed to consider her claim. Hence this Writ Petition.

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Heard the learned counsel and perused the material available on record.

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On 15-3-2010, this Court ordered notice before admission. The respondents have not chosen to file any counter affidavit.

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The main grievance of the petitioner is that her deceased husband worked as shramik in the 3^rd respondent depot and died during the course of his employment. In this connection, being the wife of the deceased, she approached the office of the 3^rd respondent several times for the said benefits, but they postponed the payment on various reasons.

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It is pertinent to extract the relevant portion of the letter No.E1.756 (3)/06-KMM dated 5-11-2008 addressed by the Depot Manager, Office of the A.P.S.R.T.C. Khammam to the Secretary (PF), A.P.S.R.T.C., Hyderabad which reads as under:

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“Vide letter under reference 1^st cited, the Cheque

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No.307034, dated 9.9.06 for Rs.50,706/- was received towards the settlement of PF Account of late G.David Raju. The same was return to end vide this office letter 2^nd cited, after exhibiting the notice board as the retired employee of G.David Raju has not returned to receive the Cheque.

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Vide reference 3rd cited, G.Navamani, W/o David Raju, submitted an application for settlement of PF account of her husband late G.David Raju, E.35758, Sramik and also submitted the Death Certificate and Legal Heir Certificate. The same was sent herewith requesting to settle the PF account of late G.David Raju.”

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In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the respondents to consider the request of the petitioner and pay the P.F. amount of Rs.50,706/- with interest to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

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Accordingly, this Writ Petition is disposed of at the stage of admission. No costs.

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__________________________ JUSTICE G.CHANDRAIAH

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Dated 23-4-2010. Note:

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Issue CC in two days.

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Dvs

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HONOURABLE SRI JUSTICE G.CHANDRAIAH

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WRIT PETITION No.5836 OF 2010

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Dated 23-4-2010

Gaddam Navamani v. The Andhra Pradesh State Transport Corporation

Case brief

What is this about?

What did the court decide?

Gaddam Navamani v. The Andhra Pradesh State Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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