APHC010548332012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12906/2012 Between: Gangapuram Malleswari ...PETITIONER AND A P State Welfare Residential Educational Institutions and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GANTA RAMAKRISHNA Counsel for the Respondent(S): 1. ANITHA MESA (SC FOR APREIS TW SW BC) 2. K DURGA PRASAD The Court made the following: WRIT PETITION NO: 19625/2012 Between: B. Naga Lakshmi, W/o. Late G. Narasimhulu, ...PETITIONER AND Andhra Pradesh Social Welfare Residential Educational and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRISHNA RAO MODHALAVALASA Counsel for the Respondent(S): 1. GANTA RAMAKRISHNA 2. ANITHA MESA (SC FOR APREIS TW SW BC) The Court made the following common order : WP.Nos.12906 and 19625 of 2012 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION Nos.12906 and 19625 of 2012 COMMON ORDER : The petitioner in WP.No.12906 of 2012 is seeking the direction to the respondents to release all terminal benefits such as gratuity, GIS, Pension belonging to her husband late husband G.Narasimhulu and also seeks a compassionate appointment. The petitioner in WP.No.19625 of 2012 is claiming for appointment on compassionate terms and the petitioner claims to be the second wife of Sri.G.Narasimhulu. The petitioner also claims that her deceased husband also alleged to have executed a will 07.02.2007 whereby her deceased husband expressed his desire to share his properties equally between his two wives. 2. The petitioner in WP.No.19625 of 2012 seeks a direction to appoint her on compassionate grounds. The petitioner in WP.No.12906 of 2012 seeks a direction for release of service benefits of her deceased husband and also the job on compassionate grounds. 3. The respondents 1 to 3 in their counter submit that the deceased employee has not entered the details of the family members of while entering in service and the claim of the petitioner in WP.No.12906 of 2012 could not be considered as the WP.Nos.12906 and 19625 of 2012 respondents have received a letter from the writ petitioner in WP.No.19625 of 2012 claiming that she is the wife of the deceased employee. On account of rival claimants for the release of service benefits, the petitioners are required to approach the competent Court and obtain a certificate. 4. The petitioner in WP.No.12906 of 2012 is arraigned as respondent No.7 in WP.No.19625 of 2012. The respondent No.7 has filed a counter disputing the will and claims that the will is brought into existence only to maintain the writ petition and set up a false claim. It is also denied and disputed that the deceased employee had married a second wife without dissolution of his first marriage. It is also stated in the counter that the petitioner in WP.No.19625 of 2012 had also filed a civil suit in OS.No.47 of 2012 on the file of Principal Senior Civil Judge, Kadapa regarding release of service benefits in pursuance of the death of her husband. the said fact is suppressed with a deliberate motive. Along with the counter the family member certificate issued by the Tahsildar, T.Sundupalli, YSR District, dated 25.05.2012 is also filed which would indicate that the deceased employee dependants names as G.Malleswari, M.S.Padmaja and master Chandrasekhar. 5. This Court vide order dated 26.04.2012 directed the respondents to consider the case of petitioner in WP.No.12906 of 2012 for WP.Nos.12906 and 19625 of 2012 appointment on compassionate terms. The respondents in compliance of the interim orders have appointed the petitioners therein as Attender on compassionate terms vide proceedings dated 06.08.2012. 6. The petitioner in WP.No.19625 of 2012 has submitted a representation along with documents on 20.02.2013 stating that G.Malleswari had produced fake certificates and secured a job and sought for initiation of disciplinary action on G.Malleswari. After conducting enquiry, the services of G.Malleswari is terminated vide proceedings dated 04.03.2015, a further representation was made by G.Malleswari to appoint her son as the writ petitions are pending, the respondents have not considered the said representations as the rival claims are pending. 7. It is not the case of the second wife that she is a legally wedded wife. Admittedly, B.Nagalakshmi claims to be a second wife. As rightly stated by the respondents 1 to 3 in their counter no document is submitted to substantiate her claim. The alleged will is disputed and as per Section 11 read with Section 5 of the Hindu Marriage Act, 1955 second marriage during the subsistence of first marriage is void and the wife claiming second marriage cannot claim to be a legal successor. WP.Nos.12906 and 19625 of 2012 8. The claim of the petitioner in WP.No.12906 of 2012 is partly allowed directing the respondents 1 to 3 to release the service benefits such as gratuity, GIS, Pension, ELC and DA and any other service benefit accrued on account of service of the deceased employee. It is made clear that the respondents may consider the representation of the petitioner in WP.No.12906 of 2012 seeking compassionate appointment to her son individually on its own merits and in accordance with the rules of respondents. The WP.No.19625 of 2012 is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stands closed. ____________________ JUSTICE HARINATH.N Dated 28.03.2025 KGM WP.Nos.12906 and 19625 of 2012 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION Nos.12906 and 19625 of 2012 Dated 28.03.2025 KGM