IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 16382 of 2004 Between: Smt. Hafeezunnisa, W/o. Sri Dr. Atiqur Rahman (Late), R/o. D.No.12-11-889, Zakir Road, Warasiguda, Secunderabad. ..... PETITIONER AND 1 The Vice Chancellor, The Osmania University, Administrative Building, Hyderabad - 500 007. 2 The Registrar, The Osmania University, Administrative Building, Hyderabad - 500 007. 3 The Director, Department of Astronomy, The Osmania University, Administrative Building, Hyderabad - 500 007. .....RESPONDENTS 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action in not considering the representation of the petitioner dated 5th July, 2004 by the respondent and not passing the orders as illegal, arbitrary and further direct the respondents to forthwith pass appropriate orders on the representation made by the petitioner herein in the interest of justice Counsel for the Petitioner:MR.S.ABDULLAH Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE(S.C.FOR OSMANIA UNIVERSITY) The Court at the stage of admission made the following ORDER : The petitioner claims that she is the wife of Dr. Atiqur Rahman. The said Atiqur Rahman worked in the respondent-University, died in harness, while in service on 07-02-2004. The petitioner contends that she is the wife of the deceased employee. She was married to him according to the Muslim Law on 11-05-1980 and during the wedlock; they were blessed with one daughter and two sons. During the lifetime, her husband on 12-12-2001 nominated her and all her three children for the financial benefits arising out of retirement or death. After the death of her husband, the petitioner submitted the relevant papers to the first respondent-University for terminal benefits on 24-03-2004. The grievance of the petitioner is that the respondents did not pass any orders extending the terminal benefits to her and her children, therefore, she approached this Court seeking a direction to the respondent- University to consider her representation dated 05-07-2004 and pass appropriate orders according to law. The petitioner is claiming that she is the wife of the deceased employee. The learned Counsel for the first respondent represented that there was a claim by another lady claiming that she is also the wife of the deceased employee and that the said lady sought for compassionate appointment also, but it is for the first respondent to examine as to who is eligible to get the terminal benefits among the petitioner and the other lady. The second respondent is, therefore, directed to consider the representation of the petitioner dated 05-07-2004 along with the claims, if any regarding the terminal benefits and pass appropriate orders according to the existing rules, if necessary by directing the respective parties to produce the relevant documents in proof of their right to claim the terminal benefits and compassionate appointment and pass appropriate orders, after causing production of such documents. If all the relevant documents are already produced by the respective parties, to pass appropriate orders within two months from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. ____________________ Dr. G. Yethirajulu, J. Dt:7th October, 2004. Note: CC in two days. (B/O) RNS To 1 The Vice Chancellor, The Osmania University, Administrative Building, Hyderabad - 500 007. 2 The Registrar, The Osmania University, Administrative Building, Hyderabad - 500 007. 3 The Director, Department of Astronomy, The Osmania University, Hyderabad - 500 007. 4. Two CD copies.