IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 16986 of 2007 Between: Smt.Atiya Fathima, W/o.Late Mohd. Jahangir, R/o.11-21-227, NTR Nagar, Saroornagar Mandal, R.R. District. ..... PETITIONER AND 1 The Superintending Engineer, Operations, Office of the Mint Compound, Hyderabad. 2 The Divisional Engineer Electrical Operations, City VIII-Circle, APCPDCL, Asmangadh, Hyderabad. 3 Smt.Asma Anjum W/o.Late Mohd. Jahangir, R/o.18-1-436/10, B, Phoolbagh, Chandrayanagutta, Hyderabad. .....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 a writ or order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of respondents 1 and 2 in not releasing the terminal benefits viz family pension, Gratuity, and other retirement benefits proportionately among us in issuing the proceedings in Letter No. DEE/OP/C.VIII/Hyd/JAO/Adm dated 5-7-2007 and set aside the same as illegal, arbitrary and violation of Principles of natural justice and consequently direct the respondents 1 and 2 to release all terminal benefits viz family pension, Gratuity and other retirement benefits proportionately among us forthwith pass such orders as it may deem fit and just. Counsel for the Petitioner :MR.K.VENKATESSHWARLU Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : ORDER: This writ petition has been instituted by Smt. Atiya Fathima, second wife of late Mohd. Jahangir, questioning the action of the respondents in not releasing the terminal benefits payable upon the death of her husband who was working as a lineman with the A.P. Central Power Distribution Company Limited. 2. The third respondent, Smt. Asma Anjum, was the first wife of the deceased Mohd. Jahangir. The said Mohd. Jahangir died in a motor accident on 27-11-2006. By that point of time, he was working as a lineman. Since, he has rendered the requisite qualifying service, his legal heirs are entitled to be paid the family pension, gratuity and the other terminal benefits. But however, in view of the parallel claims, set up by the writ petitioner/the second wife of late Mohd. Jahangir and the third respondent/first wife and their children, the issue has been kept pending. 3. Now, the learned counsel for the petitioner as well as the learned counsel for the third respondent have submitted that due to the intervention of the elders, they have amicably settled the differences persisting amongst themselves. 4. It is agreed amongst them that the writ petitioner and the third respondent herein will share in equal proportion the family pension payable from time to time. Similarly, they also agreed to share in equal measure all terminal benefits, such as, Gratuity, Provident Fund, Leave Encashment etc., It was further agreed that the Corporation will be requested to consider the case of the son of the first wife/third respondent herein, for appointment in the service of the Corporation on Compassionate grounds and for that, the writ petitioner and her children will not raise any objections. It was further agreed that the debts incurred by the deceased Mohd. Jahangir, during his lifetime, would be shared equally by both the wives. Hence, both of them will jointly or independently will execute the necessary authorization in favour of the Superintending Engineer, the first respondent herein, authorizing him to make the necessary deductions from the terminal benefits payable and remit the amount, so deducted, to the fourth respondent/State Bank of Hyderabad, Vijaya Bank and Margadarsi Chit Fund Private Limited, from whom the said Mohd. Jahangir is said to have availed loans. With the above observations, the Writ Petition is disposed of. No costs. _________________________ NOOTY RAMAMOHANA RAO, J. JULY 14, 2009. Dsh/Kvr.