THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.31469 of 2010 ORDER: The husband of the petitioner, by name Sri P.Krishnaiah Goud, is employed in the APSRTC. It is stated that he was assigned with the duty of departmental goods transport vehicle from Mahaboobnagar to Uppal Zonal Work Shop, but did not return thereafter. The petitioner submitted applications to the police station and other agencies. It is stated that there is no tangible result. The petitioner seeks a direction to the respondents to release the terminal benefits of her husband and prays for a direction in this regard. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents-Corporation. It is rather unfortunate that the sole bread winner of the family is not to be traced for the past four years. It presents a typical situation, where neither he can be treated as retired from service, nor he can be taken as dead. The respondents can be compelled to release the retirement benefits, if only either of the eventualities take place. Therefore, the respondents cannot be said to have committed any illegality vis-à-vis the petitioner. The limited relief which this Court feels appropriate is that part of the provident fund accrued to the husband of the petitioner can be released to her, duly relaxing the conditions as to withdrawal. The application in this regard is normally required to be made by the employee himself. Since he is not available, the petitioner can be directed to submit the application and the respondents in turn may be directed to release 50% of the provident fund, which is accrued to the credit of Sri P.Krishnaiah Goud, subject to the further events that may take place. Hence, the Writ Petition is disposed of, directing that, in case the petitioner makes an application, duly signed by herself and her children for payment of 50% of the provident fund, which accrued to Sri Krishnaiah Goud, the 2nd respondent shall release the same within a period of four weeks, duly verifying the actual relationship of the applicants with the employee as well as the nomination made by him. Such release shall be subject to the final claim that may be made in this regard. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.15.12.2010. Note: Furnish C.C. in three days. (B/o) GJ