APHC010651032023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33586/2023 Between: 1. VEMANNAGARI HYMAVATI, W/O LATE DASANA GOPAL, HINDU, AGED 26 YEARS, HOUSE WIFE, RIO H.NO. 4-36-1, KOTA STREET, NANDIKOTKUR TOWN AND MANDAL, NANDYAL DISTRICT., STATE OF A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, GSWS (GRAMA SACHVALAYAM AND WARD SACHIVALAYAM) DEPARTMENT, SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS THE PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT 3. CHIEF EXECUTIVE OFFICER, SERP ( SOCIETY FOR ELIMINATION OF RURAL POVERTY), SECRETARIAT, VELGAPUDI VILLAGE, GUNTUR DISTRICT., 4. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 5. PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (PD-DRDA), NANDYAL, NANDYAL DISTRICT. 6. WELFARE ASSISTANT 5TH NUMBER SACHIVALAYAM, KOTA STREET, NANDIKOTKUR TOWN, NANDYAL DISTRICT 2 ...RESPONDENT(S): 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 Order or direction more particularly one in the nature of Writ of Mandamus, aggrieved by refusing petitioners representation dated 4- 12-2023 on the basis of NO DRIVING LICENCE is totally contravention to the object of YSR Bima Scheme as envisaged in G.O.Ms. No. 5 LFBandIMS Dept. dated 28-8-2020 is taken over by the GSWS Department as envisaged in G.O.Ms. No.07 LFBandIMS Dept. dated 27-6-2021 and implemented the duties till 30-6-2022, also envisaged in G.O.Ms No. 23 LFBandIMS Dept. dated 11-6-2022, the GSWS Department is continuing as Implementing Agency for FY 2022-23 and the same is illegal and against the Article 14 of Constitution of India and against the principles of Natural justice and direct the Respondents sanction YSR Bima Scheme to the petitioner as petitioners husband died on 15-6-2023 due to incident occurred by two wheeler and pass IA NO: 1 OF 2023 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 to act upon petitioner's representation dated 4-12- 2023 in accordance with YSR Bima Scheme, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BUDIGE RANGASWAMY Counsel for the Respondent(S): 1. BUDIGE RANGASWAMY Counsel for the Respondent(S): 1. HARISH KUMAR RASINENI SC FOR SERP 2. GP FOR REVENUE (AP) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 4. GP for Village and Ward Secretariats 5. HARI BABU MAGULURI SC For SERP The Court made the following: 3 :: ORDER :: Heard Sri Budige Rao, learned counsel representing Sri Budige Rangaswamy, learned counsel for the petitioner, Sri M.Hari Babu, learned Standing counsel for the respondents 3 and 5, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the 2nd respondent and Ms. Usha, learned Assistant Government Pleader for Revenue for the 4th respondent. 2. The petitioner’s husband died in a road accident on 15.06.2023. The Police registered FIR No.75 of 2023 of Midthur Police Station and initially arrayed the husband of the petitioner (deceased) as an accused. The petitioner filed the W.P.No.19244 of 2023, however, the same was dismissed on 10.10.2023. Subsequently, the Police filed a charge sheet vide C.C.No.276 of 2024 on the file of the Judicial Magistrate of First Class, Nandikotkur, arraying the owner and the driver of the vehicle as accused Nos.1 and 2. 3. Due to the death of her husband, the petitioner initially approached the 6th respondent on 30.07.2023 claiming benefit under YSR Bima (Social Security Scheme) in terms of G.O.Ms.No.5 Labour Factories Boliers and IMS (Lab-I) Department dated 28.08.2020 (Ex.P3) and G.O.Ms.No.7 Labour, Factories, Boilers and Insurance Medical Services (LAB.I) Department dated 27.06.2021 (Ex.P4). 4. After filing the charge sheet, the petitioner approached the 6th respondent again on 29.11.2023 and thereafter, made a representation dated 4 04.12.2023 to the 4th respondent in the Spandana Programme. The 6th respondent issued an endorsement that the petitioner’s husband does not have a driver's license. 5. Learned counsel for the petitioner would contend that Clause No.8.1.4 of the Memorandum of Agreement dated 15.07.2022, entered into between the Department of Labour, Government of Andhra Pradesh, represented by the Additional Commissioner of Labour and M/s the Oriental Insurance Company Limited, does not apply to the case of the petitioner. 6. Per contra, Sri M.Hari Babu, learned Standing counsel, would submit that in terms of the Scheme as contemplated under G.O.Ms.No.5 Labour Factories Boliers and IMS (Lab-I) Department dated 28.08.2020 (Ex.P3) and G.O.Ms.No.7 Labour, Factories, Boilers and Insurance Medical Services (LAB.I) Department dated 27.06.2021 (Ex.P4), a Standard Operating Procedure for YSR Bima (2022-23) was prepared. Thereafter, a Memorandum was entered into by the Government with the Oriental Insurance Company Limited. As per Clause 8.1.4, possession of a driving license of the deceased is mandatory to get the benefit under the Scheme. However, in the case at hand, the husband of the petitioner does not have a driving license, and hence, such an endorsement was made by the 6th respondent. 7. Thus, as seen from the material available on record, there is no dispute regarding the death of the husband of the petitioner in a road accident on 15.6.2023. Government of Andhra Pradesh issued G.O.Ms.No.5 Labour 5 Factories Boliers and IMS (Lab-I) Department dated 28.08.2020 (Ex.P3) and G.O.Ms.No.7 Labour, Factories, Boilers and Insurance Medical Services (LAB.I) Department dated 27.06.2021 (Ex.P4) providing financial benefits. The Government orders don’t contemplate any driving license for the deceased. Of course, in the agreement, it was mentioned about the driving license. 8. Whether the driving license is mandatory or not will be examined by the Insurance Company, provided the application or claim of the petitioner is forwarded to the said company. The company will examine the documents and release the amount if the petitioner satisfies the conditions prescribed. The scheme referred to supra, provides the benefit of Rs.5,00,000/- in case of accidental death. However, as noted supra, the claim of the petitioner was not forwarded, pointing out the lack of a driving license. The 6th respondent should have uploaded all the requisite documents in spite of making an endorsement impugned in the writ petition. 9. Given the facts and circumstances of the case, the writ petition is disposed of, directing the 6th respondent to upload all the relevant documents, in pursuance of the claim of the petitioner, referred to supra, due to the death of her husband, in terms of G.O.Ms.No.5 Labour Factories Boliers and IMS (Lab-I) Department dated 28.08.2020 (Ex.P3) and G.O.Ms.No.7 Labour, Factories, Boilers and Insurance Medical Services (LAB.I) Department dated 27.06.2021 (Ex.P4), in the concerned portal, as expeditiously as possible, within a period of four (04) weeks from today. There shall be no order as to costs. 6 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 18.02.2026 SNI 7 114 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33586 OF 2023 Date: 18.02.2026 SNI