IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3783 of 1999 Between: Smt. M.POCHAMMA, W/o late M. Balaiah, H.No.12-1-914, North Lallaguda, Secunderabad-500 017. ..... PETITIONER AND 1 The Divisional Railway Manager, South Central Railways, Secunderabad. 2 The General Manager, South Central Railways, Head Quarters, Rail Nilayam (S.C.R.), Secunderabad. .....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 an Order or direction or a writ, more particularly one in the nature of Writ of Mandamus, to call for remarks in and connected to the Non-Settlement of the benefits including the Co- operative Credit Society fund of the Petitioner's Late Husband, namely, M. Balaiah who served in the Railway from 26-3-1932 till his death i.e.26-6-1984 and to declare the action of the concerned authorities in not taking any action to settle her Husbands settlement benefits even after lapse of 10 years in spite of her repeated representations illegal, that she is not getting any Pension on her Husbands name and she is facing much difficulties to get at least One time meal per day and requests the Hon’ble Court to issue necessary directions to the General Manager, South Central Railway the 2nd Respondent herein to take immediate action and to consider the Petitioners Poor Case in the interest of Justice and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the circumstances of the case. Counsel for the Petitioner: TAKEN UP Counsel for the Respondents: MR. Bhaskar Poturi (SC for Railways) The Court made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) The letter sent by the petitioner to the Hon’ble the Chief Justice stating that her husband late M. Balaiah served in the Railways from 26.03.1932 to till his death i.e. on 26.06.1984 and after his death the concerned Railway authorities have not settled her husband’s settlement benefits including the Cooperative Credit Society Fund, was taken up as writ petition. In response to the notice, the Legal Officer of the second respondent filed counter affidavit stating that after receipt of notice, the Welfare Inspector of the second respondent office visited the petitioner at the address given by the petitioner and found that she was not in the said address and her whereabouts are not known. In the absence of any particulars such as designation of the petitioner’s husband, the unit in which he worked, his provident fund account number etc., furnished in the letter, it is very difficult for the respondents to verify and pay the settlement benefits. The petition filed by the petitioner also does not disclose any service particulars and the department of the petitioner’s husband except stating that her husband had worked in railways. In view of the same, it is not feasible for the respondents to ascertain the service benefits of the petitioner’s husband. Accordingly, the Writ Petition is closed. ___________________ (A.GOPAL REDDY, J) ______________________ (B.SESHASAYANA REDDY, J) 3rd March, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies