IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5273 of 2007 Between: Kesani Vijayalaxmi, W/o. Late Kesani Subba Rao, R/o. Vetapalem Post, Via Chebrole, Chundur Mandal, Guntur District-522212. ..... PETITIONER AND 1 Allahabad Bank, (A Government of India Undertaking), rep. by its Deputy General Manager, Zonal Office, Himayathnagar Main Road, Himayathnagar, Hyderabad. 2 General Manager, Personnel & Administration, Allahabad Bank, (A Government of India Undertaking), Head Office:2, Netaji Subbas Road, Kolkata-70001 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an order or direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the respondents in not releasing the gratuity, leave encashment and other terminal benefits due to the petitioner towards her husband Kesani Subba Rao as illegal and arbitrary; and consequently direct the respondents to release the retrial benefits due to the Kesani Subba Rao, Cashier-in Charge, Allahabad Bank, Soan Branch, Adilabad District. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: MR.K.LAKSHMINARAYANA The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5273 of 2007 ORDER: The husband of the petitioner, by name Kesani Subba Rao, was employed as cashier in Allahabad Bank, the first respondent herein. He died on 02.05.2005, while in service, leaving behind, his mother, by name Kesani Kotamma, wife (petitioner), a son, by name Sridhar, and a daughter, by name Srilakshmi. Petitioner made a claim for the death- cum-retirement benefits of her husband, duly enclosing the legal heir certificate, dated 29.08.2005, issued by the Mandal Revenue Officer, Chundur. The respondents did not release the amounts, on the ground that the legal heir certificate does not contain the name of the mother of the deceased. It is stated that a claim from the mother of the deceased, as nominee for the benefits, is in existence. This writ petition is filed with a prayer to direct the respondents to release the death-cum-retirement benefits of late Subba Rao to the petitioner and her children. The respondents filed a counter-affidavit stating that the amounts could not be released on account of the fact that entitlement of all the legal heirs of the deceased was not reflected in the legal heir certificate. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is not in dispute that the husband of the petitioner was employed with the respondents and he died while in service. The nomination made by an employee, as to the payment of benefits or pension, cannot be treated as final, and disbursement of such amounts must be made as per the entitlement of the respective legal heirs. Though the mother is said to be the sole nominee for receiving the benefits, the respondents are under obligation to disburse the same to all the class-I legal heirs. The legal heir certificate furnished by the petitioner is incomplete inasmuch as the name of the mother of the deceased is not mentioned. Therefore, no exception can be taken to the insistence by the respondents, on production of succession or legal heir certificate, which is comprehensive in nature. The mother of the deceased employee is not a party to this writ petition. The fact, however, remains that being a class-I legal heir, she too would be entitled to be paid a share out of the benefits, on par with other class-I legal heirs. This arrangement would be subject to the claim of any of the parties to seek adjudication of their respective rights. For the foregoing reasons, the writ petition is disposed of, directing the respondents to release the death-cum-retirement benefits that have accrued to late Kesani Subba Rao, in four equal shares, to Kesani Kotamma, mother, Kesani Vijayalakshmi, wife, Kesani Sridhar, son, and Kesani Srilakshmi, daughter of the deceased, through banker’s cheques, payable to the account holders. This arrangement shall be without prejudice to the rights of the parties to seek adjudication as to their entitlement. It is represented that late Subba Rao had a savings bank account, wherein a sum of Rs.2,86,332.91 is in deposit. The said amount shall be paid on the basis of any succession certificate or on the basis of the consent of all the legal heirs of the deceased Kesani Subba Rao. The writ petition is accordingly disposed of. There shall be no order as to costs. ___________ 07.03.2008 sh