APHC010620102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 32094/2025 Between: A Madhumathi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II 3. K SWARNA SESHU The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.32094 of 2025 O R DE R: The Writ Petition is filed questioning the Proceedings No.P9/3/S-307/FT/73/2023-10/2024, dated 26.10.2023 issued by the Respondent No.2 rejecting the claim of the Petitioners for terminal benefits of the deceased- A. Susheela Devi as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows: The sister of the Petitioners by name A. Susheela Devi, had worked as a School Assistant in the Zilla Parishad Management in Kurnool District since 05.07.1995. Ms. A. Susheela Devi remained unmarried and expired on 06.06.2020 while on duty after working for a period of 24 years and 11 months in the said post. Ms. A. Susheela Devi executed a registered Will on 06.03.2018 bequeathing her properties in favour of the Petitioners including the terminal benefits. The Petitioner on legal advice, had filed Succession OP No. 02 of 2021 before the Principal Senior Civil Judge, Kurnool, under Section 372 of the Indian Succession Act, 1925, and after due 3 process, the OP was allowed on 16.09.2021, and the Succession Certificate was issued in favour of the petitioners. Subsequently, the Petitioners submitted a representation for sanction of retirement gratuity and other terminal benefits of the deceased A. Susheela Devi. The said application was rejected vide the impugned Order dated 26.10.2023 after referring to Rule 46 (5) of the A.P. Revised Pension Rules, 1980, which indicates that the married sisters do not come under the definition of “Family,” and no nomination was given by the deceased A. Susheela Devi. 3. A Counter Affidavit was filed by the Respondent No.2 referring to Rules 46 and 47 of the A.P. Revised Pension Rules, 1980, and stated that as no nomination was provided by the late A. Susheela Devi, the gratuity had lapsed to the Government and therefore, there is no requirement of paying the gratuity to the Petitioners. 4. Sri A. Upendra, learned counsel, representing Sri K. Raghu Veer, learned counsel for the Petitioner on record, submits that the gratuity is an estate of the deceased, and the 4 same shall be disbursed to the successors, and in this case, the Petitioners are the successors of the deceased, A. Susheela Devi, as the deceased, A. Susheela Devi, executed a registered Will in their favour on 06.03.2018, and therefore, there is no basis to reject the claim of the Petitioners. 5. Learned Standing Counsel appearing for the Respondent No. 2, while reiterating the submissions made in the Counter Affidavit, contended that the Petitioners are not entitled to the terminal benefits as per the Rules since they do not come under the definition of “Family” as mentioned in Rule 46 (5) of the AP Revised Pension Rules, 1980, and in the absence of any inclusion about the “married sisters” in the definition of “Family,” the gratuity was lapsed to the Government as provided under Rule 48 of the AP Revised Pension Rules, 1980. 6. Heard the respective counsel. 7. The second proviso to Section 4 of the Payment of Gratuity Act, 1972, provides for payment of gratuity to the heirs of the deceased government employees. Section 4, to the extent of proviso (ii) of the Payment of Gratuity Act, 1972, is 5 extracted below: 4. Payment of gratuity: (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: “Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.] Explanation. : For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he, was capable of performing before the accident or disease resulting in such disablement” 8. The underlined portion above of the second proviso of Section 4 of the Payment of Gratuity Act states that if no nomination has been made by the Government employee, the 6 gratuity would be paid to the successors of the deceased, and in this case, the Petitioners are the successors in interest in the light of the registered Will dated 06.03.2018 coupled with the Order of Succession Certificate issued under Section 372 of the Indian Succession Act, 1925. 9. Rule 46 (5) of the AP Revised Pension Rules, which is mentioned in the Counter Affidavit, defines that the „members of the family‟ were entitled to gratuity. Rule 46(5) cannot be termed to be exhaustive, and even otherwise, the same cannot be understood contrary to the governing act, i.e., Section 4 of the Payment of Gratuity Act, 1972. Rule 48 of the AP Revised Pension Rules applies when no successor of the deceased is available; the gratuity amount shall lapse to the Government, but in this case, the Petitioners are the successors of the deceased in the light of the Will executed by the deceased on 06.03.2018. In view of the above reasoning, the impugned Order dated 26.10.2023 issued vide Proceedings No.P9/3/S- 307/FT/73/2023-10/2024 by the Respondent No.2 is liable to be set aside. 7 10. Accordingly, the Writ Petition is allowed with the following directions: i) The Respondent Authorities shall disburse the Gratuity amount of the deceased--A. Susheela Devi to the Petitioners within a period of eight weeks from the date of receipt of a copy of this Order. ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.12.2025 eha 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 32094/2025 Dt. 04.12.2025 eha