THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 16017 of 2011 DATE: 14-06-2011 Between: C.Sunitha and others .. Petitioners And The Depot Manager, A.P.S.R.T.C., H.C.U. Depot, Hyderabad and another. .. Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 16017 of 2011 ORDER: This Writ Petition is filed to declare the action of the respondents in issuing proceedings No.SBT/584/2010-2011/211067/NDT dated 03.05.2011 refusing to disburse the lying amount of Rs.1,00,166/- of the deceased employee which is in their custody, in favour of the petitioners as illegal, arbitrary, violation of Service Rules and Regulations of the A.P.S.R.T.C. and violation of Articles 14, 16 and 21 of the Constitution of India and to consequently direct the respondents to disburse the aforesaid amount in favour of the petitioners. 2. The brief facts that are necessary for disposal of the present Writ Petition may be stated as follows: The deceased C.Srinivas, who is husband of the 1st petitioner and father of the petitioners 2 to 4, while working as Driver in 1st respondent Depot demised on 15.01.2010 in Jalpally village. After his death, the petitioners approached the respondent authorities for granting of pension and other amounts including terminal benefits lying with the respondent Corporation, for which the respondent authorities directed them to submit family member certificate from the concerned revenue authorities. Accordingly, the petitioners made an application to the Deputy Collector and Tahsildar, Saroornagar Mandal, Ranga Reddy District, who, after due enquiry, issued family member certificate vide letter No.C/404/2010 dated 02.03.2010 in favour of the petitioners for getting pensionary benefits and other dues to be payable by the Government or employer to the deceased employee. Thereafter the petitioners made a representation to the respondents requesting to disburse the lying amount of Rs.1,00,166/-, which is the amount of deceased in the custody of the respondents. But, the respondents without considering their request and without examining the family members certificate issued by the concerned revenue authorities, rejected the representation vide proceedings dt.03.05.2011 and advised them to obtain succession certificate for that amount. Hence, the writ petition. 3. Learned counsel for the petitioners contended that in pursuance of the direction of the respondent authorities after death of the deceased, the petitioners produced family member certificate issued by the competent Revenue Officer but the same has not been taken into consideration, and requested to direct the 1st respondent to release the terminal benefits to the petitioners. 4. On the other hand, learned Standing Counsel for the respondent- Corporation contended that since the deceased employee has not given any nomination with regard to the payment of terminal benefits, necessarily the persons, claiming to be the legal heirs of the deceased employee, have to obtain a succession certificate from competent Civil Court. Therefore, the APSRTC authorities have rightly advised the petitioners to produce succession certificate. 5. In view of the fact that the nomination was not given by the deceased employee to any person to receive the terminal benefits, the respondent authorities by proceedings dated 03.05.2011 rightly advised the petitioners to produce the legal heir certificate from competent Civil Court to enable them to release the certain death benefits payable to deceased. The Mandal Revenue Officer is not a competent authority to decide as to who are the legal heirs of the deceased person. Therefore, the respondents rightly advised the petitioners to produce the succession certificate, so that the shares of the legal heirs of the deceased person can be determined by the competent Civil Court. There are no grounds to interfere in this matter. 6. Therefore, the writ petition is dismissed at the stage of admission leaving open for the remedies available to the petitioners under law. _____________ K.C.BHANU, J 14-06-2011 MR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 16017 of 2011 DATE: 14-06-2011 MR