HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.20957 of 2010 Dated: 24.03.2011 Between: D.SAVITHRI ..... PETITIONER AND THE REGIONAL MANAGER, A.P.S. R.T.C & ANOTHER .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.20957 OF 2010 ORDER: The writ petition is filed by the petitioner seeking for issuance of writ of mandamus to declare the action of the respondents in not releasing the death benefits of her husband- deceased D.U.M.B.Bhupal in her fvour as illegal, arbitrary and violation of Articles 14, 16,21 and 300 A of Constitution of India and consequently, to direct the respondents to release the death benefits of her husband. The case of the petitioner is that her husband joined as a mechanic in the year 1989 in the 2nd respondent-Corporation and while he was working as a mechanic Gr.II, he died on 28.4.2009. When she approached the respondents-authorities requesting to release the death benefits of her husband, they did not heed her request on the ground that they received warrants from the Court of Junior Civil Judge, Gooty in I.A.No:320 of 2009 in O.S.No:73 of 2009 for attachment of certain amount i.e., Rs.38,000/- payable to the legal heirs of the deceased. Except the leave salary and arrears of salary, the remaining death benefits are exempted from the attachment. In spite of the request to release the benefits by keeping the amount of Rs.38,000/-, the respondents did not heed her request. Hence, the present writ petition is filed. The respondents filed the counter inter alia contending that Sri D.Uma Maheswara Bhupal, who was working as Mechanic in Rayadurg Depot of the Corporation was expired on 28.4.2009 and in that connection, the following terminal benefits are payable to his wife by the Corporation: S.NO. ACCOUNT NAME D.D.NO: DATE AMOUNT RS. 1 Provident fund 924553 24.12.2009 43,300.00 2. SBT 089165 31.12.2009 1,22,660.00 3. EDLIF 950168 25.2.2010 40,960.00 4. Gratuity 82,090.00 5 Settlement salary 5,497.00 Total 2,94,237.00 The cheques for gratuity and the settlement salary were not drawn on the ground that there are certain dues to be recovered from the petitioner by the Department and also there are certain adjustments by way of Civil Court Decrees. It is further stated in the counter that attachment warrants to a tune of Rs.1,30,000/- in I.A.No:227 of 2009 in O.S.No:76 of 2009 and to a tune of Rs.38,000/- in I.A.No:320 of 2009 in O.S.No:73 of 2009 were issued and an amount of Rs.26,089/- is due towards the loan amount in Syndicate Bank, Rayadurg and the following dues are under various loans. Account Head No:2435 5,200.00 A.P.S.R.T.C 6,696.00 S.R.B.S.Marriage Loan 35,619.00 S.R.B.S Personal Loan 9,763.00 Solar Lamp 4,500.00 The petitioner has approached by suppressing all the facts and the petitioner having informed to produce the clearance certificate, has failed to do so. In view of the orders of the Civil Courts, the respondents cannot release the terminal benefits. Therefore, the writ petition is liable to be dismissed. Heard. Placing reliance on the provisions of section 60 C.P.C., the learned counsel for the petitioner would submit that certain amounts as mentioned therein are exempted from attachment and therefore, even by adjusting the amounts due to the Department or by way of attachments with the available amount, by the husband of the petitioner, the respondents may be directed to pay the rest of amount to the petitioner. The facts that remain undisputed are that the husband of the petitioner died in service on 28.4.2009 and the petitioner who is his wife is the legal heir and certain amounts as mentioned in the counter, are due to be paid by the husband of the petitioner. At this stage, the case of the petitioner is that the amounts that are stated to be due by her husband may be adjusted in the light of the provisions of section 60 C.P.C and the rest of the terminal benefits may be directed to be paid to her. In the peculiar facts and circumstances of the case, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to consider the case of the petitioner with regard to the payment of death benefits in the light of the provisions of section 60 C.P.C and pass appropriate orders within one (1) month from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. _____________________ Justice G. Chandraiah Dated: 24.03.2011 Note: CC in one Week. (BO) gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.20957 of 2010 Dated: 24.03.2011