THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE N. RAVI SHANKAR DATED: 30-11-2010 WRIT PETITION No. 29762 OF 2010 Between: K. Balamani ..... PETITIONERS AND The Commissioner of B.C Welfare, VI Floor, T.S. Bhawan, Masabtank, Hyderabad and four others .....RESPONDENTS THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No. 29762 OF 2010 ORDER: (per the Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking a writ of certiorari to call for the records relating to and in connection with the orders dated 09-11-2010 of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) in O.A No. 1336 of 2010 and to quash the same as illegal and arbitrary and to declare that she is entitled to half share of gratuity and family pension from the pensionary benefits of her husband and release the same in her favour. The petitioner states that she is the first wife and the fourth respondent is the second wife of Komara Sriram who retired on 31-07-2010 on attaining the age of superannuation and expired on 28- 08-2009. She filed the said O.A before the Tribunal to direct the official respondents to settle retiral benefits of her late husband i.e., gratuity and family pension to her and the fourth respondent equally. The Tribunal dismissed the O.A observing the parties have to get their status declared by a civil Court and then approach the authorities for the release of retirement benefits. Heard the learned counsel for the petitioner and perused the impugned order. Since the remedy of the petitioner is to approach the civil Court for declaration that she is the legally wedded wife of said Komara Sriram, the Tribunal has rightly dismissed the O.A and we see no reason to interfere with the same. The writ petition is accordingly dismissed. However, the learned counsel for the petitioner now submits that sometime may be given to the petitioner to approach the civil Court and in the meantime, her interests may be protected. In the circumstances, we permit the petitioner to file a civil suit within a period of four weeks from the date of receipt of a copy of this order and till such time, the official respondents are directed not to disburse the amount. GHULAM MOHAMMED, J N. RAVI SHAKNAR, J 30-11-2010 ks Note: Furnish copy in three days. B/O ks