IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4310 of 2009 Between: P. Mallikarjun S/o. P.R. Satyanarayana Murthy R/o.3-1-311/4, Mythrinagar, L.B.Nagar, Hyderabad, A.P. ..... PETITIONER AND 1 The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Officer, 26-1-1, Upstairs, Municipal Shopping Complex, Opp. to Kambal tank, Rajahmundry, East Godavari Ditrict, A.P. 2 M/s. Vivekavardhani Public School, (English Medium), rep. by its Headmaster, Near Fice Office, Tuni, East Godavari District, A.P. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction under Article 226 of the Constitution of India, particularly one in the nature of Writ of Mandamus, declaring the action of the first respondent in not paying the amount under the Provident Fund Account of Late Smt. k. Nagamani- AP/20195/3, to the petitioner being nominee as unjust, arbitrary and illegal and direct the first respondent to pay the Provident Fund Amount lying in the Account of Late Smt. K. Nagamani in Account No. AP/20195/3 to the petitioner after calling for the records. Counsel for the Petitioner:MR.NUTHALAPATI KRISHNA MURTHY Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : O R D E R:- The petitioner claims to be the nominee of his maternal aunt, late K.Nagamani, who died issueless on 23.5.2000 while working as Hindi Teacher in the 2nd respondent-school. Her grievance is that though the petitioner made an application requesting the 1st respondent to make payment of K.Nagamani’s Provident Fund amount to him, the 1st respondent, instead of paying him the amount, is asking him to produce succession or legal heir certificate. Heard the learned counsel for the petitioner and the learned Standing Counsel for Provident Fund appearing for the 1st respondent. The learned Standing Counsel, on instructions, has produced a letter, dated 18.03.2009 issued by the Regional Provident Fund Commissioner indicating that no claim whatsoever in respect of the deceased K.Nagamani bearing Provident Fund Account No.AP/20195/3 is pending in the office, and no nomination in favour of the petitioner or any other name is available on record, and submitted that if any claim application is made by the petitioner, who claims that he has been nominated by the deceased, for receiving her provident fund, the 1st respondent would consider it and pass appropriate orders thereon. In view of the letter dated 18.03.2009 issued by the Regional Provident Fund Commissioner that no claim whatsoever in respect of the deceased K.Nagamani bearing Provident Fund Account No.AP/20195/3 is pending in the office and no nomination in favour of the petitioner or any other name is available on record, this writ petition is closed. However, the petitioner, who claims to be the nominee of the deceased K.Nagamani, is directed to file an application claiming payment of provident fund along with relevant material to show that he is the legal heir of the deceased-K.Nagamani, and if any such application with necessary material is filed, the 1st respondent shall consider the same and pass appropriate orders thereon, in accordance with law. No costs. ______________ N.V.RAMANA, J 25th March, 2009 bcj