IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2408 OF 2019 Between: Smt. N. Reddemma, W/o B.M. Ravi Kumar, Aged 38 years, Occ- Anganwadi Worker, R/o H.No. 28-169/7, Rajeev Gandhi Street Mandal, Chittoor District, PIN- 517 247. Punganur Town and ...Petitioner AND 1. The State of AP, Rep. by its Principal Secretary, Women Development Child Welfare Department and Disabled Department, Amaravati, Velagapudi, Thulium Mandal, Guntur District A.P A.P. Secretariat, 2. The Project Director, Women and Child Development Agency, Building, Government of Andhra Pradesh, New Collectorate, Ambedkar Chittoor Town and District, PIN- 517 001. 3. The Sub Treasury Officer, Office of the Sub Treasury, Chittoor District, New Collectorate, Ambedkar Building, Chittoor Town 517001. and District, PIN- 4. Sri B.M. Ravi Kumar, S/o Munaswamy, Aged about 58 years, Occ- Superintendent. O/o Women and Child Development Agency, Collectorate, Ambedkar Building, Chittoor Town New and District, PIN- 517 001 ...Respondents r Petition under Article 226 of the Constitution of India praying that in the circurpstances stated in the affidavit filed therewith, the High Court may be piease# to issue a Writ, order or direction more particularly one in the nature^of Writ of Mandamus declaring the action of the 2nd respondent in not responding to the Legal Notice dated 09-02-2019 of the petitioner for payment of 30% retirement of the 4th respondent to the petitioner as biased, illegal, void and consequently direct the respondents 2 and 3 to deduct 30% of retirement benefits of the 4th respondent in the event of his retirement as per Award dated 11-06-2016 in LA No. 78 of 2016 of the Lok Adalat, Punganur and credit the same to the Bank Account A/c No. 33740291071 of SBI, Punganur Branch of the petitioner to meet the ends of justice lA NO: 1 OF 2019 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 direct the respondents 2 and 3 not to release the 30% of retirement benefits of the 4th respondent out of his total retirement benefits in all respects in the event of his retirement on 28-02-2019 in view of the Award dated 11-06-2016 in LA No. 78 of 2016 of the Lok Adalat, Punganur in the interest of justice, pending disposal of above Writ Petition Counsel for the Petitioner: SRI SATHEESH KUMAR EERLA Counsel for the Respondents No.1 & 2: GP FOR WOMEN DEV CHILD WELFARE (AP) Counsel for the Respondent No.3: GP FOR FINANCE AND PLANNING Counsel for the Respondent No.4: SRI SURESH KUMAR REDDY KALAVA The Court made the follovving: Order r APHC010052672019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 2408 of 2019 Between; Smt. N. Reddemma, ...PETITIONER AND The State of AP And 3 Others and Others Counsel for the Petitioner: l.SATHEESH KUMAR EERLA Counsel for the Respondent(S): l.GP FOR FINANCE PLANNING (AP) 2.GP FOR WOMEN DEV CHILD WELFARE(AP) 3.SURESH KUMAR REDDY KALAVA ...RESPONDENT(S) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: "... to issue a Writ order or direction more particularly one in 4 the nature of Writ of Mandamus declaring the action of the respondent No.2 in not responding to the Legal Notice dated 09.02.2019 of the petitioner for payment of 30% of the retirement benefits of the respondent No.4 to the petitioner as biased, illegal, void and consequently, direct the respondents 2 and 3 to deduct 30% of retirement benefits of the respondent No.4 in the event of his retirement as per Award dated 11.06.2016 in LA No.78 of 2016 of the Lok Adalat, Punganur and credit the same to the Bank Account A/c.No.33740291071 of SBI, Punganur Branch of the petitioner to meet the ends of justice and pass...." 2. Brief facts of the case are as follows: V 2 i) Writ Petitioner is the legally wedded wife of respondent No.^. They blessed with two female children. Thereafter, disputes arose between the couple. Writ Petitioner filed a criminal case. She also filed maintenance case vide MC No. 18 of 2011 on the file of the Court of Additional Junior Civil Judge, Punganur, seeking monthly maintenance to her and to the two minor children. In that MC, she filed Crl.M.P.No.96 of 2016 for execution of the maintenance order. ii) While so, the parties entered into compromise and settled the matter before Lok Adalat. Learned Senior Civil Judge, Punganur vide LA No.78 of 2016 dated 11.06.2016 passed an Award. The contents of the Award read as under: " Whereas both parties to this case agreed before the Lok Adalat for compromise in the matter and after negotiation, conciliation and discussion on the terms mentioned below: The respondent agreed to pay thirty percent of Retirement benefits to the Petitioners and also agreed monthly Rs.8,000/- (Rupees eight thousand only) from his salary directly payable to the 1^ petitioner account through his office Project Director District women and child development Chittoor towards monthly maintenance. Further the respondent agreed to allot 2/7^^ share in all his properties to the 2"'* and 3'^'^ petitioner. Further the respondent and petitioner agreed to live together. The first petitioner account number 33740291071 S.B.I.Punganur Branch. Further the 1^ petitioner agreed to compromise in CC No.l46 /2011." agency. iii) In view of the Lok Adalat Award, the criminal case vide CC No. 146 of 2011 was ended in acquittal of the respondent No.4 on 13.08.2016. iv) Respondent No.4 was retired from service on 28.02.2019. He is trying to withdraw all his retiral benefits in violation of the award of the Lok adalat. At 3 the relevant point of time, Respondent No.4 worked as a Superintendent in the office of the respondent No.2. v) Petitioner got issued a legal notice dated 09.02.2019 to respondent No.2 and the Superintendent of APGLI, Chittoor requesting to deduct 30% of the retirement benefits of respondent No.4 and credit the same to her account as the terms of the Lok Adalat Award. The office of respondent No.2 neither replied to the notice nor paid the amounts to the petitioner. She came to know that respondent No.4 is trying to withdraw the retirement benefits behind the back of the petitioner by defeating her share as per Lok Adalat Award. Questioning the inaction of respondents, the present Writ Petition is filed. 3. Heard Sri Satheesh Kumar Eerla, learned counsel for the Petitioner, learned Government Pleader for Women and Child Welfare appearing for respondents 1 to 3 and Sri Chaitanya Polisetty, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for respondent No.4. Perused the material on record. 4. Learned counsel for the Petitioner would submit that during the pendency of Crl.M.P.No.96 of 2016 in MC No.18 of 2011 on the file of the Court of Additional Junior Civil Judge, Punganur, the parties arrived at compromise and settled the matter before Lok Adalat vide LA No.78 of 2016. As per the terms of the Award, respondent No.4 agreed to pay 30% of his retirement benefits to the Petitioner apart from other conditions. But, he paid some amounts and did not pay the remaining amounts and violated the terms of the Award. per 4 5. On the other hand, learned counsel for respondent No.4 would submit that respondent No.4 has paid 30% of his retirement benefits to the Petitioner as per the terms of the Award. 6. Refuting to the said submission, learned counsel for the petitioner would submit that the respondent authorities yet to pay the commutation of leave and gratuity to the respondent No.4 , out of which. Petitioner is entitled to 30% share from those amounts. 7. During the course of hearing, respondent No.4 has paid part of the amount and the remaining amounts are yet to be paid to the Petitioner. 8. Considering the submissions and a fair look at the material on record, the present Writ Petition is filed seeking execution of the Lok Adalat Award dated 11.06.2016. Needless to say. Petitioner without exhausting the alternative statutory remedy of filing execution petition before the jurisdictional District Court for execution of the Lok Adalat Award, straight away approached this Court by way of this Writ Petition. 9. Therefore, it is apposite to direct the petitioner to work out her ’remedies before the concerned District Court having jurisdiction by filing Execution Petition seeking execution of the Lok Adalat Award dated 11.06.2016 passed in LA No.78 of 2016 on the file of the Court of Senior Civil Judge, Punganur. On filing of the Execution Petition, the concerned District Court shall dispose of the same according to law as expeditiously as possible by giving opportunity to both sides for hearing. However, Respondent authorities are also an 5 directed to reconsider the request of the Petitioner in terms of the Lok Adalat Award according to law. 10. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand clospd Nl. SRINIVAS Sd/- registrar ass\stant SECtISn OFFICER //TRUE COPY// To, 1 ThP Princioal Secretary State of Andhra Pradesh, Women Development Child Welfare Department and Disabled Department, A.p. Secretariat, Amaravati, Velagapudi, Thulium Mandal, Guntur District, A.P 2 The Proiect Director, Women and Child Development Agency, Government of Andhra Pradesh, New Collectorate, Ambedkar Building, Chittoor Town and District, PIN- 517 001. 3. The Sub Treasury Officer, Office of the Sub Treasu^, Chittoor Collectorate, Ambedkar Building, Chittoor Town and District, PIN- 517 001. 4. One CC to SRI SATHEESH KUMAR EERLA Advocate [OPUC] 5. Two CCs to GP FOR WOMEN DEV CHILD WELFARE (AP), High Court of Andhra Pradesh [OUT] GP FOR FINANCE AND PLANNING, High Court of Andhra 6. Two CCs to Pradesh [OUT] 7. One CC to SRI SURESH KUMAR REDDY KALAVA, Advocate [OPUC] 8. Three CD Copies gsg V HIGH COURT DATED: 24/03/2025 ORDER g 2 6 MAR 2025 | WP.No.2408 of 2019 ^ . Current aecuon DISPOSING THE WP WITHOUT COSTS