THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO :22520 of 2002 DATED 28-01-2010 Between: Erroju Santhoshimatha & 2 others. … PETITIONERS And The Accountant General (A & E) Andhra Pradesh, Hyderabad & 4 others. ... RESPONDENTS ORDER: Writ Petition is filed seeking a mandamus declaring the action of the respondents 1 to 4 in not paying the gratuity and Provident Fund to the petitioners, being the legal representatives of the deceased-E.Gopalaswamy as illegal and arbitrary. 2. It appears, petitioners are the sons of one Gopala Swamy through his second wife-Smt.Chandrakala. The said Gopalaswamy worked as Deputy Registrar in Cooperative Central Bank, Karimnagar and died on 28-11-1999. According to the petitioners, his father married the 5th respondent on 12-05-1966 and since they had no issues for a long time with the consent of the first wife their father married their mother-Chandrakala on 21-04-1977. Petitioners claimed that they were all born of the said wedlock. However, the 5th respondent seems to have filed O.S.No.20 of 1978 in the Court of the Subordinate Judge for declaration that the 2nd marriage with their mother was illegal and void. This suit was decreed on 13-03-1983. According to the petitioners their father was in service up to 30-11-1999 and he had submitted an application on 19-11-1999 for fixing up pension, retirement benefits etc., as per the procedure laid down in the prescribed format of the application their father had shown their names and the name of the respondents in the column provided for list of family members and also in the annexure II meant for nomination. Their father has shown their names and the name of the 5th respondent for claiming the benefits and also mentioned that all of them are entitled for equal shares. Therefore, they are entitled for equal shares in the retrial benefits such as gratuity, provident fund etc., Though a counter is filed by the 5th respondent denying the eligibility of the petitioners, the learned counsel for the respondents fairly conceded that in view of the amendment made to Section 16 of the Hindu Marriage Act, 1955, even the illegitimate children are entitled for the estate of the deceased father. Under those circumstances, the Writ Petition is disposed of directing the respondents to pay the Provident Fund and gratuity and other benefits to the petitioners as well as the 5th respondent in equal shares. If any amount already drawn by the 5th respondent the same shall be deducted proportionately from her share of the benefits. It is desirable that the department shall settle these benefits within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ________________ C.V.RAMULU,J 28th January, 2010. Tsy