IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3804 of 2008 Between: G.B.C.Raj Gopal S/o.Late G.Veeraiah R/o.Plot No.49, Andhra Bank colony, Asmangadh Malakpet, Hydeabad, through his GPA Holder T.Suryachandra Rao, S/o.Late T.Seetharamaswamy, aged 69 years,Occ: Engineer, R/o.Sivani sugar factory quarters, Punganur, Chitt ..... PETITIONER AND 1 Defence R&D Organization,.RCI/Programme "AD" Government of India., Ministry of Defence, Kanchan Bagh Hyderabad, rep.by its Director, Management Services 2 Defence R&D Organization, RCI/Programme "AD" Government of India., Ministry of Defence, Kanchanbagh PO, Hyderabad, rep.by its Administrative officer (SAO) 3 Smt.Swaroopa Rani W/o.Not known to the petitioner R/o.Plot No.113, Lalitha Nagar Colony,Adikpet Area,Hyderabad .....RESPONDENTS Counsel for the Petitioner:MR.D.HANUMANTHA RAO Counsel for Respondent Nos.1 & 2: MISS.T.BALAJAYASREE SC FOR CENTRAL GOVT. Counsel for Respondent No.3: MR. K.VEERABHADRA RAO The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the inaction of respondent Nos.1 and 2 in releasing at least 3/4th pensionary benefits of late G.Veeraiah, Technical Officer, in favour of the petitioner, his sister Smt. Reena Chowdary and his grand mother Smt. G.Seethamahalaxmi, as arbitrary and illegal. On 08.04.2009, this Court disposed of WPMP.No.4966 of 2008 having regard to the stand taken by respondent Nos.1 and 2 in paragraphs 7 and 8 of the counter-affidavit, wherein it is mentioned as under: “As per Rule 53 of the said Pension Rules, an employee has a right to nominate his family members to receive death-cum-retirement gratuity in the event of his death. Accordingly, the deceased employee has furnished the following nomination form to this Lab while he was alive to receive death-cum-retirement gratuity in the event of his death. a) Smt.G.Swaroopa Rani, Wife … 1/3 share. b)Dr.GBC Rajgopal, Son … 1/3 share. c)Smt. Rena Chowdary, Widow daughter first wife: … 1/3 share. Therefore, the family members of late Shri G.Veeraiah are entitled to pensionary benefits as follows: Sl.No. Name & Relation Share of Pension Share of death Gratuity 1. G.Swaroopa Rani, wife ½ 1/3 2. Dr.GBC Raj Gopal, son -- 1/3 3. Smt.G.Rena Chowdary, widow daughter (share due to first wife) ½ 1/3 4 G.Seethamahalaxmi, mother --- --- At the hearing, Sri D.Hanumantha Rao, learned counsel for the petitioner submitted that in view of the apportionment of pension and death gratuity in accordance with Rule 53 of the Pension Rules, the writ petition may be disposed of in terms of the stand taken by respondent Nos.1 and 2 in the above-reproduced portion of the counter-affidavit. The writ petition is, therefore, disposed of with the direction to respondent Nos.1 and 2 to settle the pensionary benefits in favour of the petitioner and others in terms of the stand taken by them in the above- reproduced portion of the counter-affidavit. C.V.NAGARJUNA REDDY, J 15th APRIL, 2009. kvni