IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8387 of 2009 Between: Zahira Fathima, D/o. Late S.S. Hussain, (DRIVER) E.No. 215-1, of Barkatpura Depot, W/o. Mohd. Sardar, R/o. Staff Quarter No. 13/3, at Kachiguda, Hyderabad. ..... PETITIONER AND The Depot Manager, APSRTC, Barkatpura Depot, Hyderabad A.P. .....RESPONDENT Counsel for the Petitioner:MR.MOHD.GHOUSUDDIN Counsel for the Respondent:MR. V.S.K.RAMA RAO FOR MR.K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : ORDER: The only grievance of the petitioner is that the retirement benefits of her father, who was an Ex-Driver of Barkatpura Depot of the Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’), payable to her consequent on the death of her father and mother in 1980 and 2005 respectively, are not being paid. The admitted reason for non-payment of these benefits is that though the petitioner’s father died as far back as 1980, his family including the petitioner squatted in the official quarter, which ought to have been handed over to the Corporation in 1980 itself. At the hearing, the learned counsel for the petitioner submitted that as similarly situated persons have not vacated the official quarters, the petitioner and her mother also did not vacate the same. In my considered view, when once the employee ceased to be in service, his family is bound to vacate and handover the vacant possession of the official quarter within the prescribed time. Therefore, there is no justification for the petitioner to continue to occupy the same unauthorisedly. In this view of the matter, the writ petition is disposed of permitting the petitioner to retain the possession of the official quarter for one month from today with the direction to her to handover the vacant possession of the same to the respondent on the expiry of thirty days. In the meantime, the respondent shall finalise the amounts due, if any, to the petitioner payable towards the retirement benefits of late S.S.Hussain, former Driver of Barkatpura Depot of the Corporation. Immediately on the petitioner handing over the vacant possession of the official quarter, all the retirement benefits, if any payable, shall be paid to her. As a sequel to disposal of main petition, WPMP.No.10972 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 23rd APRIL, 2009. kvni