IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 17414 of 1998 Between: Dr. S. Basha Jan S/o Mohd. Khasim R/o Godavarikhani ..... PETITIONER AND 1 The Mandal Revenue Officer Kurnool 2 The Superintendent Kurnool Kurnool General Hospital, 3 The Regional Deputy. Director of Insurance Goverment of A.P., Kurnool 4 Smt. T. Jayalaxmi W/o late T. Venkata Rao R/o 46-510, Budhavarpet, Kurnool .....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, Order or direction in the nature of Certiorari declaring the action of the 1st Respondent in issuing proceedings in Rc.C/739/97, dt: 8-5-1998 as arbitrary, illegal, without jurisdiction, voilative of principles of natural justice and perverse and set aside the same and issue a consequential direction to the 2nd & 3rd Respondents to pay the terminal benefits as per the declarations made by late wife in the service records. Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO. 17414 OF 1998 ORDER: The order impugned in this writ petition is the proceedings of the M.R.O, Kurnool dated 8.5.1998 wherein, after elaborately dealing with various aspects of Muslim law relating to succession, the M.R.O. observes that Smt.T.Jayalakshmi, the mother of the deceased T.Kalavati, Staff Nurse, should be treated as her legal heir to receive the monetary benefits due to the deceased. The grievance of the petitioner, as forcibly put forth by Sri S.Srinivasa Reddy, Learned Counsel for the Petitioner, is that the M.R.O has no authority in law to issue such a certificate. When asked how the petitioner was aggrieved by issuance of such a certificate, which was evidently a nullity, Learned Counsel would submit that it is on the basis of the certificate dated 8.5.1998 that the terminal benefits due and payable to the petitioner, (as the legal heir of the deceased), have, in fact, not been paid. While the authority of the M.R.O, in issuing a succession certificate, may have necessitated further examination, bearing in mind the submission of the Learned G.P. for Revenue that it is only the competent civil court, and not the M.R.O, which can decide on the question of succession, I do not see any reason to examine this question any further. Suffice to hold that in view of the submission now made by the Learned G.P. for Revenue, the impugned proceedings dated 8.5.1998 is liable to be quashed. Now the consequential direction sought for payment of terminal benefits. Sri S. Srinivasa Reddy, Learned Counsel for the Petitioner, would state that Smt.T.Kalavathi was a Hindu and, while her mother was also a Class I heir under the Hindu Succession Act, it is the petitioner who is shown as the deceased’s nominee in all the records with the 2nd and 3rd respondents. Learned counsel would submit that, subsequent to the filing of the writ petition, even Smt.T.Jayalakshmi, the mother of the deceased, passed away and that there are no other Class I heirs of the deceased other than the petitioner and their only child Shaik Afshaan. The Learned G.P. for Medical and Health seeks time to file the counter affidavit on behalf of respondents 2 and 3. Lack of urgency exhibited by the officials even in such matters is indeed a cause for regret. The writ petition was filed in the year 1998. Despite more than a decade having since elapsed all that is now sought for by the Learned G.P. for Medical and Health is further time to file their counter affidavit. I see no reason to accede to such an unreasonable request at this belated stage. Since payment of terminal benefits to the petitioner is alleged to have been stopped only on the basis of the certificate issued by the M.R.O. dated 8.5.1998, and since the said certificate is admittedly a nullity, the 2nd and 3rd respondents shall consider payment of terminal benefits to the petitioner or his daughter or both of them in accordance with law without placing any reliance on the proceedings of the M.R.O dated 9.5.1998. Since Smt.T.Kalavathi passed away on 4.6.1997, and the terminal benefits have not been paid till date though more than eleven years have elapses since then, it is but appropriate that the 2nd and 3rd respondent examine the matter in accordance with law, take an appropriate decision regarding payment of terminal benefits and, in case a decision is taken to make payment, to pay the terminal benefits within 3 months from the date of receipt of a copy of this order. The writ petition is allowed and the impugned order is quashed. However, in the circumstances, without costs. __________ 12-8-2008 asp