IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24700 of 2008 Between: K.Indira W/o. Late Damodhar Reddy, Veliminedu(V) Chityal(M) Nalgonda District A.P ..... PETITIONER AND 1 The Depot Manager A.P.S.R.T.C Sanga Reddy Bus Depot Medak District A.P 2 The Secretary The A.P.S.R.T.C Staff Benevolement-Cum Thrift Fund Bus Bahava,Musheerabad,Hyderabad .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ or direction more particularly one in the nature of writ of Mandamus declaring that the action of the respondents in not paying the service benefits of the petitioner's husband (K.Damodhar Reddy) to the petitioner is bad arbitrary illegal unjust and unreasonable and consequently direct the respondents to pay all the said Service benefits gratuity (Including casual period) PF SBT EDLF PF-Pension SRBS Etc and also monetary benefits in Lieu of Compassionate appointment of the petitioner's husband (K.Damodhar Reddy to the petitioner without insisting to produce the Succession Certificate by the competent court. Counsel for the Petitioner: MR.P.VENKATESWAR RAO Counsel for the Respondents : SMT.B.G.UMA DEVI FOR RRR1&2 The Court made the following : ORDER: One K.Damodhar Reddy worked as a driver in the respondents Corporation. The petitioner is the wife of the said K.Damodhar Reddy, who died on 18.01.2008. The petitioner approached the Depot Manager, APSRTC, Sangareddy Bus Depot, Medak District-1st respondent for payment of gratuity, PF, SBT, EDLF, PF-Pension, SRBS etc. The 1st respondent instructed the petitioner to produce succession certificate from the competent civil Court to claim the amount under SBT scheme. The action of the respondents Corporation in not paying the amounts claimed by the petitioner is under challenge in this writ petition. 2. When the writ petition came up for admission, Smt.B.G.Uma Devi, learned Standing Counsel for APSRTC, received notice on behalf of the respondents and filed counter-affidavit. One M.M.Sharief, Law Officer, APSRTC, Musheerabad, Hyderabad, has sworn to the counter-affidavit. It is stated in the counter-affidavit that an employee has to put in minimum service of five years to claim gratuity under the Gratuity Act, 1972. It is further stated in the counter-affidavit that under the Staff Benevolent cum Thrift Fund scheme in case of no nomination by the member, the person claiming the amount is required to produce a declaration from the competent civil court.. Para.8 of the counter- affidavit reads as hereunder: “8. It is submitted that the Staff Benevolent-cum-Thrift Fund is a scheme introduced for the welfare of the employee. The bylaws under this scheme are framed and approved by the Board by a resolution No.174/1980, dt.2.11.1980. As per bylaw 17 of the SBT Scheme the amount of monthly subscription repayable to the member shall be paid to the nominee. As per by law 14(i) each member shall make a nomination conferring the right to receive the amount outstanding, to his credit and has become payable. As per Clause (ii) the family members alone in favour of whom the nomination was made by the employee alone are entitled to receive the amounts. As per bylaw 18 the amounts under SBT shall be paid to the nominee or nominees of the deceased if there is no dispute and in the absence of a nominee or nominees the amounts will be paid to the legal heir declared by a competent civil court. Hence, the petitioner is not entitled to receive the SBT amounts in the absence of production of a succession certificate or legal heir certificate issued by a competent civil court.” 3. When the writ petition came up for admission hearing, with the consent of the learned counsel appearing for the parties, it is taken up for final disposal. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that husband of the petitioner joined as a driver in the respondents Corporation on 06.04.2000 and therefore, by the date of his death, he had more than five years of service. A further submission has been made that the petitioner being the widow of the deceased employee is entitled to claim the amounts. 6. Learned Standing Counsel appearing for the respondents Corporation submits that the petitioner does not disclose the date of appointment of her husband as a driver in the respondents Corporation and therefore, it cannot be inferred that the husband of the petitioner has completed five years of minimum service to claim the amount under Gratuity Act, 1972. She would also submit that as per the provisions of the Staff Benevolent-cum-Thrift Fund, in case the member has not nominated any one as his legal heir, the person claiming the amounts has to get a declaration from a competent civil Court. 7. Learned counsel appearing for the petitioner during the course of arguments placed on record the proceedings issued by the respondents Corporation appointing the husband of the petitioner as a driver. The date of appointment is 06.04.2000. The husband of the petitioner died on 18.01.2008. Therefore, by the date of his death, he completed more than seven years of service. Under Section 4(1) of the Gratuity Act, 1972, minimum service required is five years. Since the husband of the petitioner had more than five yeas of service by the date of his death, there cannot be any impediment to the respondents Corporation for settling the amounts as per Gratuity Act, 1972. With regard to the Staff Benevolent cum Thrift Fund indisputably the husband of the petitioner has not nominated anyone, in which case as per Bylaw 18, the legal heir has to obtain necessary declaration from the competent civil court. 8. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents Corporation to pay the gratuity to the petitioner, and also pay the amounts due under Staff Benevolent cum Thrift Fund scheme on production of succession certificate obtained from the competent civil court. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:05th March, 2009. Note: Issue C.C. within a week. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}