i APHC010405852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 20777 OF 2024 Between: 1. S. Silarapu Annapurna, W/o.(Late) S.Sanyasi Rao, Age About 54 Years, R/o.8-77, Main Road, Katravullapalle, Jaggampeta, Kakinada, East Godavari District. 2. Silarapu Durga Prasad, S/o,(Late) S. Sanyasi Rao, Age About 39 Years, R/o.8-77, Main Road, Katravullapalle, Jaggampeta, Kakinada, East Godavari District. 3. Yejaralla Ramani, D/o (Late) S. Sanyasi Rao, W/o.Simhachalam, Age 40 Years, C/o. S.3-13-13 GNT Raod, 29“^ Ward, Markhandrajpeta, Tuni, East Godavari District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Prohibition and Excise Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary (Helath, Medical & Family Welfare Department), Secretariat Buildings, Velagapudi, Amaravathi. 3. The District Collector, Rajamahendravaram, East Godavari District. 4. The District Collector, Kakinada, Kakinada District. 5. The Prohibition and Excise Department, Rep. by its Commissioner. Rajamahendravaram, East Godavari District. Secretariat Buildings * 4 6. The Prohibition and Excise Department, Rep. by its Commissioner, Kakinada, Kakianada District. 7. The District Prohibition and Excise Officer, Prohibition and Excise Department, Rajamahendravaram, East Godavari District. Superintendent, Prohibition and Excise Department, Rajamahendravaram, East Godavari District. 9. The Superintendent, Prohibition and Excise Department, Kakinada, Kakianada District. 10.The Tahsildhar, Mandal Revenuye Office, Jaggampeta, East Godavari District. H.Silarapu Kumar, Aged About. 60 Years, R/o. 8-31, Subrahmanyanagar, Korukonda. 8. The ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order, writ or direction, one in the nature of WRIT OF MANDAMUS directing the official respondents to release all the terminal benefits that are due and payable by the department concerned the death of my husband late, Silarapu Sanyasi Rao, while in service, namely pension, gratuity, leave-encashment, GPF etc., in favour of the petitioners and to further direct the said officials to initiate proposals forpayment of family pension to the 1®' petitioner by setting aside the proceedings vide RC No. PESKKD-Pen/FamP/2/2022-SA-Al (P&E) KKD EG, Dated. 15.03.2024 being illegal, arbitrary and unjust and violative of Articles 14, 19 and 21 of The Constitution of India besides beih^ violative of Service Rules and principles of equity and natural justice and grant further consequential orders or such other orders as the Hon'ble High Court deems fit in the interests of justice having regard to the facts and circumstances of the case. lA No: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to on f/ L r direct the official respondents forthwith to release all the terminal benefits that are due and payable by the department concerned on the death of my husband late, Silarapu Sanyasi Rao, while in service, namely pension, gratuity, leave-encashment, GPF etc., in favour of the petitioners and to further direct the said officials to initiate proposals for payment of family pension to the petitioner. Counsel for the Petitioners: SRI M. SRI ATCHYUT Counsel for the Respondent Nos.1, 5 to 9: GP FOR PROHIBITION AND EXCISE Counsel for the Respondent No.2: GP FOR HELATH, MEDICAL & FAMILY WELFARE Counsel for the Respondent Nos.3, 4 & 10: GP FOR REVENUE Counsel for the Respondent No.11: The Court made the following order: / APHC010405852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20777 OF 2024 Between: S Silarapu Annapurna and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.M SRI ATCHYUT Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.GP FOR SERVICES I The Court made the following: ...RESPONDENT(S) 3 r ^ r M r: ■ THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20777 OF 2024 ORDER:- The present Writ Petition is filed seeking a direction to the Respondents to release all terminal benefits due to the Petitioners on account of demise of husband of the Petitioner No.1 and father of Petitioners 2 and 3 by name late Silarapu Sanyasi Rao. The facts leading to file the present Writ Petition are as follows: 2. One Mr. Silarapu Sanyasi Rao was (hereinafter referred to as ‘the deceased’) worked as a Constable in Prohibition and Excise Department, Korkonda and he died in harness on 19.02.2010. The Petitioner No.1 was married to the deceased on 08.05.1979 and blessed with two sons and a daughter. 3. While so, Respondent No.11, claiming to be the second wife of ‘the deceased’ had filed a suit in O.S.No.418 of 2011 on the file of I Additional Junior Civil Judge, Rajamahendravaram (in short “Trial Court’) seeking a direction for compassionate appointment to her and for a consequential direction to the Defendants 2 and 3 therein to grant eligible pensionary benefits and other death benefits Of deceased including interest. The Petitioners 1 and 3 were arrayed as Defendants 4 and 7 in the said suit. 4. The ‘Trial Court’ had framed the issues for determination in the suit in O.S.No.418 of 2011, which are reproduced hereunder: 1) Whether the suit is bad for non-joinder of proper and necessary parties? 2) Whether the plaintiff is entitled for mandatory injunction as prayed for? 3) Whether the plaintiff is entitled for the consequent relief for the death benefits of late Sanyasi Rao? 4. If so, whether the plaintiff is entitled to claim interest on the death benefits of late Sanyasi Rao from the date of death till payment? 5) To what relief? 5. After considering the oral and documentary evidence Court’ dismissed the suit and held that the Respondent for relief of mandatory injunction , the Trial No. 11 is not entitled as there was no proof with regard to her marriage. The finding at Paragraph 18 of the Trial Court Judgment would also be relevant, for the purpose of this case and the same reads as under: 18 Except examining herself as P. .W 1 and marking Exs. A1 to A. 14, plaintiff did not adduce any Mher evidence to establish that she is legally wedded wife of late S. Sanyasirao. The chief examinaxtion D.W.2 S.Satyavathi discloses that S. Sanyasirao did not his life time. Except putting suggestion to D.W.2 that affidavit are all false, nothing is elicited from the cross examination favouring the case of plaintiff. Adding to it, the cross examination evidence of D.W.2 is supported by Ex.B.7 wedding card with regard to marriage of S''’ defendant. Ex.B.13 Lie policy bearing No. 692016997 S. Sanyasirao which go to show the name of 4*^' defendant evidence of marry plaintiff during the contents of chief stands in the name of as nominee to S. Sanyasirao. It is relevant to refer the admission of PW.1 during examination that due to the rival claims made by defendants herself, 3^ defendant directed them to cross 4 to 7 and g&f a decree from court of law. But plaintiff filed the present suit against 3^ defendant alleging that defendants 1 to 3 did not respond and failed to fulfill statutory responsibilities, as if she was not advised/ directed to obtain decree of her legal status. The plaintiff failed to establish the pleadings of plaint that her husband submitted declaration during his life time nominating her to be the beneficiary with department and provident fund authorities, substantiate her contention. 6. It is stated by both the counsel that the finding in the suit had attained finality as no further appeal was filed thereon. Though notice the address of Respondent No. 11 returned with an endorsement that there no appeal is filed on the suit referred above, fresh would be a futile retirement benefits and family pension. as there is no material before this court to was issued to as shown in the suit, the same was IS no such person. As it is stated that notice to Respondent No.11 exercise and would only further delay the disbursal of 7. Accordingly, The Writ Petition is disposed of with following directions: (i) The Respondent Authorities are directed to disburse the family of entitlement, apart from within a period of eight (08) weeks from pension payable to the Petitioner from the date gratuity, leave encashment, GPF etc., the date of receipt of a copy of this order. (ii) No order as to costs. As pending, if any, shall stand closed. a sequel, miscellaneous applications Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// f^OI^FICER SEC To, 1. The Principal Secretary, Department of Prohibition Andhra Pradesh Secretariat Buildings, Velagapudi. Amaravathi District. 2. The Principal Secretary (Helath, Department), State of Andhra Pradesh Velagapudi, Amaravathi, Guntur District. & Excise, State of , Guntur Medical & Family Welfare Secretariat Buildings, / 3. The District Collector, Rajamahendravaram, East Godavari District. 4. The District Collector, Kakinada, Kakianada District. 5. The Commissioner, Prohibition & Rajamahendravaram, East Godavari District. 6. The Commissioner, Prohibition & Excise Kakianada District. Excise Department, Department, Kakinada 7. The District Prohibition & Excise Officer, Department, Rajamahendravaram, East Godavari District. 8. The Prohibition & Excise Superintendent, Rajamahendravaram, East Godavari District. 9. The Superintendent, Prohibition & Excise Prohibition & Excise Department, Department, Kakinada Kakianada District. 10. The Tahsildhar, Mandal Revenuye Office, Jaggampeta, East Godavari District. H.Silarapu Kumar, Aged About 60 Years, R/o. 8-31, Korukonda. 12.One CC to Sri M. Sri Atchyut, Advocate [OPUC] 13.TWO CCs to GP for Services-IV, High Court of Andhra 14.Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 15.Two CCs to GP for Prohibition & Excise, High Court of Andhra [OUT] 16.TWO CCs to GP for Medical, Health & Family Welfare, High Court Andhra Pradesh. [OUT] 17.TWO CCS to GP for Revenue, High Court of Andhra Pradesh. 18.Two CD Copies. Subrahmanyanagar, Pradesh [OUT] Pradesh. of [OUT] gi HIGH COURT \ DATED;24/07/2025 n ^ AUG 7m Current Section ^ ORDER WP No. 20777 OF 2024 C3» ac m O DISPOSING THE WRIT PETITION WITHOUT COSTS