IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 157 of 1999 Between: Smt.Laxmi Bai W/o.Late P.Venkatesh Ordinances Factory Project Yeddumailaram Hyderabad. ..... PETITIONER AND The General Manager & Chairman Ordinance Factory Project Medak Yeddumailaram. .....RESPONDENT 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 a Writ, order or direction more in the nature of Writ of Mandamus directing the respondent to make payment of family on the death of her husband who had rendered service in the respondent's organization, being the legal heir of the deceased employee as per the nomination filed by the deceased, as admitted by the respondent himself, duly setting aside the order No.07/001/LB dated 16-6-1997 of the Respondent and the consequential orders passed by the Hon'ble CAT in O.A.No.1299/97 dated 1-10-1997, declaring the same as arbitrary, illegal, un-warranted and in violation of Articles 14 & 16 of the Constitution, and be pleased to pass such other and further order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case, in the interest of justice, else the pensioner would be put to irreparable loss and injury. Counsel for the Petitioner: MR.GANDURI NAGESWARA RAO Counsel for the Respondent No.: . The Court made the following : ORDER: (Per Sri Justice V.Eswaraiah) The petitioner is the wife of late P.Venkatesh, who was working in the respondent organization as semi skilled labourer from 16.3.1989 onwards and he died on 16.7.1996. It is not in dispute that the deceased husband of the petitioner nominated the petitioner only, she being the wife, for receiving the terminal benefits in the event of his death. The following are the terminal benefits due to the petitioner: A) CGEGIS : Rs.16,249/- B) DCRG : Rs.33,888/- C) G.P.Fund : Rs. 5,197/- D) Family Pension : Rs. 1,358/- + DA pm E) Leave encashment : Rs. 126/- When the petitioner filed an application for the payment of the said benefits, it is stated that the mother of the deceased also made an application for payment of some portion out of that. It appears that the Department has advised the petitioner to settle the dispute or get a succession certificate. Aggrieved by the said action, the petitioner filed O.A.No.1299 of 1997 before the Central Administrative Tribunal and the Tribunal by order dated 1.10.1997 disposed of the O.A., holding that it would be desirable that the respondent sorts out the problem by summoning both the petitioner and the mother of the deceased and take final decision within 90 days from the date of receipt of the said order. Aggrieved by the same, this writ petition has been filed. It is not in dispute that only the petitioner was nominated to receive the death benefits of her husband as per Rules. It is stated that during the pendency of the writ petition the mother also filed no objection letter before the respondent for payment of the benefits to the petitioner. As the petitioner alone is the nominee and in the absence of any orders obtained by the mother, there cannot be any objection for the respondent for payment of the benefits to the petitioner. Accordingly, the writ petition is allowed directing the respondent to pay the aforesaid terminal benefits in favour of the petitioner within four weeks from the date of receipt of a copy of this order. As the said amounts are due for several years, it is a fit case for granting appropriate interest. As such, we direct that the amounts mentioned at A, B, C and E above shall be paid with interest at 6% per annum from the date of order of the Tribunal i.e., 1.10.1997 till the date of payment. The arrears of family pension also shall be paid to the petitioner within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs. __________________ V.ESWARAIAH, J. ______________________ P.SWAROOP REDDY, J. 29.7.2009 kpr