IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 18288 of 2008 Between: Smt.Mandula Balamani W/o.Krishna, R/o.H.No.4-3-61, Ramayagudem Road, Vikarabad, Ranga Reddy District. ..... PETITIONER AND 1 The Govt. of A.P. rep. by its Principal Secretary, Panchayath Raj & R.W.S. Department, Secretariat, Hyderabad. 2 The Executive Engineer, Panchayat Raj & R.W.S. Division Office of Ranga Reddy District Zilla Parishad, Khairtabad, Hyderabad. 3 The Deputy Executive Engineer, R.W.S.S.D., Chevella, Ranga Reddy District. 4 Smt.M.Laxmi W/o.M.Krishna R/o.Shankarpally Village and Mandal, Ranga Reddy District. .....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 writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondent Nos.1 to 3 in paying the death benefits of late Mandula Krishna, Employee of respondents No.1 to 3 without insisting succession certificate from the competent Civil Court and consequently, set aside the order of Hon'ble APAT dt. 10.6.2008 in O.A.No.247/2006 and consequently direct the respondent Nos.1 to 3 to pay the death benefits of M.Krishna, Helper, upon production of succession certificate from competent Civil Court by either of claimants. Counsel for the Petitioner:MR.V.L.SURENDRA Counsel for Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for Respondent No.4: T.C.Krishnan The Court made the following : ORDER: (Per SK, J) This writ petition is filed by Smt Mandula Balamani seeking a declaration that the action of respondents 1 to 3 in proceeding to pay the death benefits of her husband, late Mandula Krishna, Helper, without insisting upon a succession certificate from the competent civil Court was illegal and arbitrary and to set aside the order dated 10-06-2008 passed in O.A.No.247 of 2006 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). A consequential direction is sought to respondents 1 to 3 to pay the death benefits of late Mandula Krishna upon production of a succession certificate by either of the claimants from the competent civil Court. By order dated 10.06.2008, the Tribunal dismissed the O.A. filed by Smt Mandula Balamani. During the pendency of the said O.A., Smt Mandula Lakshmi got impleaded as respondent No.4 therein, stating that she was the legally wedded wife of late Mandula Krishna and contested the claim of the applicant, Smt Mandula Balamani. Smt Mandula Lakshmi relied upon the legal heir certificate issued by the Mandal Revenue Officer, Shankerpally Mandal, stating that she was the legally wedded wife of late Mandula Krishna. The Tribunal, while holding that the Mandal Revenue Officer was not competent to issue a succession certificate, found that in his service record, late Mandula Krishna had nominated Smt Manudla Lakshmi as his nominee. The Tribunal also doubted the household card issued by the Assistant Labour Officer, Vikarabad reflecting the name of Smt Mandula Balamani as the wife of late Mandula Krishna. The Tribunal held that the applicant, Smt Mandula Balamani, was unable to substantiate her plea while Smt Mandula Lakshmi had produced enough material to establish her relationship with late Mandula Krishna. Relying upon the entry in the service record of late Mandula Krishna, the Tribunal dismissed the O.A. by order dated 10.06.2008. The said order is impugned in this writ petition. Learned counsel appearing for the petitioner placed before us a memorandum of compromise, which is said to have been entered into by the two widows during the pendency of the O.A. The said compromise, reduced into writing in Telugu on 31.10.2006, was signed by both the parties concerned and was executed in the presence of elders. By way of the said compromise, it was agreed that any compassionate appointment, available as per the rules in the light of the death of late Mandula Krishna while in service, would be given to Mandula Suresh, the son of Smt Mandula Lakshmi and that she would receive the pension and after monetary benefits. It was further agreed that a sum of Rs.2,00,000/- would be paid to Smt Mandula Balamani. Out of the said amount, Rs.1,00,000/- was to be kept in a fixed deposit in the name of the daughter of Smt Mandula Balamani and the balance of Rs.1,00,000/- was to be paid to Smt Mandula Balamani within a period of one year. It was further agreed that a sum of Rs.10,000/- would be paid to Smt Mandula Balamani towards the expenses incurred by her for this litigation. It appears that the factum of this compromise between the parties was not brought to the notice of the Tribunal and as the order under challenge reflects, the order was passed in the absence of and without hearing the counsel. We see no reason as to why the matter should be agitated any further in the light of the compromise entered into between the parties. We have spoken to Smt Mandula Balamani and Smt Mandula Lakshmi in the presence of their counsel and both of them expressed willingness to abide by the terms of the compromise dated 31.10.2006 entered into by them in the presence of the elders. In the light of the same, no issue survives for adjudication in this writ petition. It is pertinent to note that after the death of Mandula Krishna, an application is said to have been made by Mandula Suresh, the son of Mandula Krishna and Smt Mandula Lakshmi on compassionate grounds in the Panchayat Raj and Rural Water Supply department, keeping in view the government rules in this regard. The said application is said to have been made in the year 2004, within the time prescribed under the Rules. However, owing to the pendency of this dispute between the widows with regard to the entitlement for the pension and death benefits, it is stated that the said application was not processed. The Writ Petition is accordingly disposed of setting aside the order dated 10.06.2008 in O.A.No.247 of 2006 passed by the Tribunal and directing the parties hereto to abide by the memorandum of compromise dated 31.10.2006. The respondents 1 to 3 shall disburse the death and pensionary benefits to Smt Mandula Lakshmi in terms of the said compromise and Smt Mandula Lakshmi shall take steps to pay a sum of Rs.2,00,000/- to Smt Mandula Balamani and her daughter as per the terms of the compromise. The period of one year for this purpose shall be reckoned from today. Insofar as the application filed by Mandula Suresh, the son of Mandula Lakshmi for companionate appointment is concerned, it is stated that the same is pending before respondents 2 and 3. The said authorities shall consider the case of Mandula Suresh, the son of Mandula Krishna and Mandula Lakshmi for compassionate appointment in accordance with the relevant rules overlooking the delay, if any, caused by the pendency of this litigation. It is also made clear that the parties to the memorandum of compromise shall be bound by the terms thereof for all times to come and shall not reopen this issue hereafter. No costs. _____________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:27.01.2009 sj