Allowed

Islavath. Somla v. State of Telangana

Telangana HC21 Feb 2025WP/45309/2017

Case brief

AI extract

What is this about?

Parents of a deceased teacher sought family pension and a share in his terminal benefits against the widow-nominee who remarried. Relying on Shipra Sengupta that nomination confers no beneficial interest, and noting the widow's memo agreeing to share benefits, the court directed her to pay 40% of pension and terminal benefits.

What did the court decide?

Directed respondent No.6 to pay 40% of pension amount per PPO and other terminal benefits to petitioners within two weeks.

Islavath. Somla Vs State of Telangana — Succession and Inheritance | Telangana HC (2025)

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I^3300l

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE TWENry FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 45309 OF 2017

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Between:

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lslavath Somla, S/o. Nanu, age 65 years. 2. lslavath Achali, Wo. Somla, age 60 years Both are R/o. Polyanaik Thanda, H/o. Munudandla Village Chandampeta lvlandal Nalgonda District ...PETITIONERS

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AND

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1 The State Of Telangana, Rep By lts Principal Secretary, Education Department. Secretariat Building Hyderabad.

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The Mandal Education Officer, Mandal Praja Parishad Office, Chandampet, Nalgonda District

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The Chief Executive Officer, Zilla Praja Parishad, Nalgonda District 4 The Pay and Account Officer,Accountant General (A&E) Officer Saifabad Telangana Govt Hyderabad

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5 The Sub Treasury Officer, The Sub Treasury Office, Devarkonda Nalgonda District,

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[Vlrs.Kavitha, Junior Assistant,Zill Parishad High Schoot,Vemalakonda Post Valigonda Mandal Bhongir District Telanga State 5081^'12

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The Accountant General, A and E Telangana, Saifabad, Hyderabad. B. The Director, Office of the lnsurance Directorate, 9FRH 36P, Boggulakunta, Hyderguda, Hyderabad

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The IVandal Education Officer, Gundlapally IVIandal. Nalgonda District.

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(RR 7 to 9 are impleaded as per C.O dt.2310812023 in tA 01t2023)

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the official respondents in not taking steps to award family pension of the petitioners deceased son lslavath Sukya as his wife i.e., 6th respondent Smt Kavitha remarried is illegal, arbitrary and violative Article 21 of Constitution of lndia and consequently direct (a) the Respondent Nos.2 and 9 to take steps in

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awarding family pension to the^petitioners as the 6th respondent Smt Kavitha remarried^(b) All the respondents to initiate immediate^process in awarding 1/3rd share in the alary of 6th respondent as she^got compassionate appointment because of^petitioners son towards^their maintenance as they are senior citizen without source of income^(c) All the respondents to tak,e recovery steps to recover the terminal benefits amount of petitioners deceased son withdrew by the 6th respondent Kavitha and^pay the same to the petitioners (d) the respondents 2 and 9 to^pay TSGLI amount to the petitioners as they are legal heirs of deceased employee^Islavath Sukya forthwith, in the interest of Justice.

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(Prayer is amended as per C.O dt.2310812023 in lA 02120231

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lA NO: 1 OF 2017

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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 for the reasons started in thc, affidavit filed in support of the above writ^petition it is^prayed hon'ble court may be pleased to direct the official respondents 2 and 9 by taking immediate steps to disburse TSGLI sum assured with bonus to the petitioners forthwith as they are senior citizen, legal heirs, without any source of income, pending disposal of the main writ^petition, in the interest of^justice.

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(lnterim Prayer is amended as per C.O dt- 2310812023 in lA 02120231

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IA NO: 1 OF 2018

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Between:

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The State Of Telangana, Rep By lts Principal Secretary, Education Department, Secretariat Building Hyderabad.

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The Pay and Account Officer, Saifabad Telangana Govt Hyderabad

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The Sub Treasury Officer, The Sub Treasury Office, Devarkonda Nalgonda District.

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...PETITIONERS/ RESPONDENTS AND

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'1 . lslavath Somla. S/o. Nanu.

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lslavath Achali, W/o. Somla

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I i

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The lvlandal Education Officer, Mandal Praja Parishad Office, Chandarnpet, Nalgonda District

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The Chief Executive Otticer, Zilla Praja Parishad, Nalgonda District

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Mrs. Kavitha, Junior Assistant,Zill Parishad High School,Vemalakonda Post Valigonda Mandal Bhongir District Telanga State 5081 12.

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The Accountant General, A and E Telangana, Saifabad, Hyderabad.

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The Director, Office of the lnsurance Directorate, 9FRH+36P, Boggulakunta, Hyderguda, Hyderabad

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B The Mandal Education Officer, Gundlapally Mandal, Nalgonda District

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(RR 6 to 8 (RR 7 TO 9 in WP 4530912017) are impleaded as per C.O dt.23to8/2023 in lA 0112023)

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...RESPONDENTS

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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 vacate the interim orders granted in lA No.l of 2017 in WP No. 45309 ot 2017 dated 12.02.2018

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Counsel for the Petitioners: SRI C.YADAGIRI Counsel for the Respondent Nos.1,2 & 9: GP FOR HIGHER EDUCATION Counsel for the Respondent No.3: SRI G.NARENDER REDDY, SC FOR

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MPPZPP

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Counsel for the Respondent Nos.4,5,7 & 8: GP FOR FINANCE PLANNING Counsel forthe Respondent No.6: SRI M.RAM REDDY

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The Court made the following: ORDER

wp_45309,2017 NBK, J

ON' s I A <sup>1RIT PETITTON^{No.45309 of 2017}

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ORDER:

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The petitioners^{are parents of Mr. Eslavath Sukya who expiredon} 13.07.20L2^{while in service as a Secondary Grade Teacher in} Gundlapally^{Mandal. The 6th respondent-wife of the deceased was} thereafter^{given compassionateappointmentas Junior Assistantin} Chandampet^{Mandal and she is presentlyworkingin Valigonda Mandal} of Bhongir^{District. It is the grievanceof the petitionersthat theyare} illiterates and^{were unawareof the terminal benefitsof their son, and} the 6th respondent^{claimed the terminalbenefits of the deceaSedfor} herself' on^{comingto know of the same, the petitionersfiled a} representation^{beforethe DistrictCollector,Nalgonda,on 15'12'2074} requesting to^{takeaction against6th respondentfor misrepresentation.} They also filed^{a petition, O.P.No.B/1607of 2074, before the} appropriate authority^{underSection 5 of the Maintenance and Welfare} of^{parents and Seniorcitizens Act,2007, however, there is no outcome} of the said^{petition till date. It is stated that the 6s respondent re-} married a^{person named P. Sandeep on 18'05'2017 at Arya Samaj} Mandir, Seethaphalmandi,^{Secunderabad,and thereforeshe is no} longer eligible^{for survivorbenefitbasedon her late husband's record.}

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Basedonthepetitionersrepresentation,theDistrictCollector' Nalgonda director the^{chief Executive officer, Zilla Praja Parishad,} Nalgonda to take^{action, whereafter,the CEO, ZPP,vide Memo dated} 23.05.201.7 directed the 2nd respondent-Mandal^{Education Officer,} Chandampet to send report for taking^{further action for sanctioningof}

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wp-4s309 2017 NBK, '

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family pension as the competent authority for^{Pension sanctioningis} the Chief Accountant, Office of the Accountant^{General, Telangana} Government, and the same should^{be processedby the 2na respondent.} It is the grievance of the^petitioners that^{nothing materializedwith} regard to their request for^granting of family^{pensionas well as their} legitimate share in terminal benefits^{of their deceased son.}

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Heard Mr. C. Yadagiri, learned counsel for^{the petitioners; and} Mr.M. Ram Reddy, learned counsel for^{respondent No.6. Perusedthe} record.

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Learned counsel for the^{petitioner, relying on the judgmentofthe} Hon'ble Supreme Court in^{Smt. Sarbati Devi v. SmL Usha Devil;and} Shipra Sengupta v. Mridul^{Senguptaz, contends that the Hon'ble} Supreme Court held that a^{nominationmade by an employeefor} receiving the terminal benefits,^{wouldnot vitiate the rights of his Iegal} heirs to claim their legitimate^{sharein case of unfortunate demise of the} employee. He draws attention ofthe^{Court to paragraphs17 and 18 of} Shipra Sengupta^{(supra), which read as follows:}

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"17. The^{controversy involved in the instant case is no longer} res integra. The nominee is entitled^{to receive the same,but} the amount so received is to^{be distributed according to the} law of succession. ln terms of the^{factualfoundation laid in} the present case, the deceased^died on^{8.11.1990 leaving} behind his mother and widow as^{his only heirs and legal} representatives entitled to^{succeed. Therefore,on the day}

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1(1984) 1 sCC 424

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'?(2009)^{10 scc680}

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@p _45309 _2077 NBK, J

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{ t

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when the right of succession^{opened, the appellant, his widow} became entitled to one-half of^{the amount of the general} provident fund, the other half^going to the mother^{and on her} death, the other surviving son^{getting the same'}

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ln view of the clear legal^{position, it is made abundantly} clear that the amount under^{any head can be receivedby the} nominee, but the amount can be claimed^{by the heirs of the} deceased in accordance with the^{law of succession governing} them. ln other words, nomination does^{not conferany} beneficial interest on the nominee. ln^{the instant case, the} amounts so received are to be^{distributed accordingto the} Hindu Succession Act, 1956."

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The record reveals that the 6th respondent filed^{Memo dated} 09.01.2024, stating at^{paragraphNo.2 thereof, as follows:}

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"2. I submit that the that the above^{WP filed by the petitioners} regarding the^grant of family^{pension and TSGLI insurance} amounts. The above said matter^{was listed on 25.122023 and} the after elaborate discursion the I am the^{daughter ln Law of} the writ petitioners, and I am agreed to^{give 40"/"} of^{the pension} (PPO No.40-00401'llFP and PPO lD 19028573) amounts i.e., 19.05.20'1 7 onwards to the petitioners which ever amounts received from the department and also agreed to^{pay the} Rs.60,000/- (Out of Total Amount) of lnsurance^Policy No.L12O4228a dt.01.02.2006 to the writ^{petitioners and the} above proposals the^petitioners and the 6th respondent^was agree amicably and the said writ^petitioner was^{disposed of} with the above observation, lam ready to fulfill^{the above} conditions hence lam filing this affidavit before^{this Hon' ble} Court."

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In the light of the^judgment of^{the Hon'bleSupremeCourt in} Shipra Sengupta^(supra), it^{is settled law that the Law ofSuccession} comes into^play and the^{legat heirs/successors-in-interest have} legitimate interest in the^{terminal benefits/insurancebenefits,in the} event of the demise of the^{employee/insured; and merely a nominee is} mentioned in the records^{does not the take away the right/interest of} the other legal heirs/successors-in-interest.^{In that viewof the matter,} the petitioners being^{parentsand dependents of the deceased,are the} legal heirs/successors-in-interest^{in the terminal and insurance} benefits of the deceased.

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Considering the^{respective submissions, and in the light of the} judgment in Shipra Sengupta (supra), and^{also the Memodated} 09.0L.2024 filed by respondent^{No.6 stating that an amicable} has been reached between^{the petitioners and6th} agreement respondent, with regard^{to the sharingof pension and terminal benefits'} the 6rh respondent is directed^{to pay 40o/oof the pension amountas per} the Pension Payment Order,^{and also the other terminal benefits,within} a period of lwo weeks^{from the date of receiptof a copy of this order'}

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The writ petition is accordingly^{allowed.No costs' Miscellaneous} petitions pending, if anY, shall^standclosed.

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That Rule^{Nisi has been made absolute as above'}

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Witness THE^{HON'BLETHE ACTING CHIEF JUSTICE SUJOYPAUL' on this} riTONV, THE^{TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY} FIVE

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SD/.P. PADMANABHA^REDDY EPUTY REGISTRAR //TRUE COPY// SE N OFFICER

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The Principal^{Secretary, Education Department' Secretariat Building} Hvderabad, State^{Of Telangana'}

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2 iilI"rr,r1?,i";r Eiir"""iion^{ori;",. rt/|andatpraja parishadoffice, Chandampet,} Nalgonda^District

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The Chief Executive Officer,^{Zilla Praja Parishad, Nalgonda District} 4. The Pay and Account Officer,^{Accountant General (A&E) Officer Saifabad} Telangana Govt Hyderabad

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The S-ub Treasury-Officer,^{The Sub TreasuryOffrce,Devarkonda Nalgonda} District.

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The Accountant General,^{A and E Telangana, Saifabad, Hyderabad.} 7. The Director, Office^{of the lnsurance Directorate, 9FRH 36P, Boggulakunta,} Hyderguda, Hyderabad

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