IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 36407 OF 2014
Between:
Jakkula Mary Puja, W/o. Jakkula Veeraju, age 40 years,
Occ; Cooli
Vidyanagar, Eluru, West Godavari District
...PETITIONER
AND
1. The Andhra Pradesh State Road Transport Corporation,
Rep by its
Chairman and Managing Director Bus Bhavan, Musheerabad,
Hyderabad
2. The APSRTC Depot Manager, Eluru Depot, Eluru, West
Godavari
District
3. J. Vijaya Lakshmi, Flat No. 203, Kunde Apartments,
Near L.V. Prasad
Hospital, R.R. Peta, Eluru
...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 a writ, direction, order or orders
more particularly one
in the nature of writ of mandamus declaring the action
of the 2nd
respondent in paying the settlement dues of petitioner's
deceased husband
Sri. Jakkula Veeraju to the 3rd respondent and not
providing compensatory
appointment either to the petitioner or to her daughter
in spite of
petitioner's representation dated 17.10.2014 as illegal,
irregular, arbitrary,
malafide, without application of mind and against to
principles of natural
justice apart from being violative of Article 19 and
21 of the constitution of
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India and consequentially direct the 2nd respondent to pay the remaining
settlement due amount and family pension of petitioner’s deceased
husband to the petitioner and to provide job under compensatory
appointment either to the petitioner or to her daughter in the interest of
justice.
I.A. NO: 1 OF 2014(WPMP. NO: 45580 OF 2014)
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 2nd respondent not to disburse any settlement due
amount in respect of petitioner's deceased husband Sri. Jakkula Veeraju in
favor of the 3rd respondent pending disposal of the
above writ petition in
the interest of justice.
lA NO: 1 OF 2018
Between:
Jakkula Vijaya Lakshmi, W/o. Late Jakkula Veeraju,
Aged about 49 years,
Occ; House hold, R/o. Flat No. 203, Kunde Apartments
Near L.V. Prasad
Hospital, R.R. Peta, Eluru
...PETITIONER/RESPONDENT N0.3
AND
1. Jakkula Mary Puja, W/o. Jakkula Veeraju, age 40
years, Occ: Cooli
Vidyanagar, Eluru, West Godavari District
...RESPONDENT/WRIT PETITIONER
2. The Andhra Pradesh State Road Transport Corporation,
Rep by its
Chairman and Managing Director Bus Bhavan, Musheerabad,
Hyderabad
3. The APSRTC Depot Manager, Eluru Depot, Eluru, West
Godavari
District
...RESPONDENTS/ RESPONDENTS 1 AND 2
3
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 permit the petitioner to change her Counsel on record and to
appoint the Counsel Mr. Prakash Chakravarthy, as her Counsel to
represent on her behalf in the above WP.No.36407 of 2014 along with all
miscellaneous petitions connected therein.
IAN0:2 0F 2018
Between:
Jakkula Vijaya Lakshmi, W/o. Late Jakkula Veeraju, Aged about 49 years,
Occ: House hold, R/o. Flat No. 203, Kunde Apartments Near L.V. Prasad
Hospital, R.R. Peta, Eluru
...PETITIONER/RESPONDENT N0.3
AND
1. Jakkula Mary Puja, W/o. Jakkula Veeraju, age 40 years, Occ: Cooli
Vidyanagar, Eluru, West Godavari District
...RESPONDENT/WRIT PETITIONER
2. The Andhra Pradesh State Road Transport Corporation, Rep by its
Chairman and Managing Director Bus Bhavan, Musheerabad,
Hyderabad
3. The APSRTC Depot Manager, Eluru Depot, Eluru, West Godavari
District
...RESPONDENTS/ RESPONDENTS 1 AND 2
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 vacate the interim stay granted by this Hon'ble court in
WP.MP.no. 45580/2014 in WP.No. 36407/2014 on dated.
8th December,
2014 and consequently dismiss the writ petition No.
36407/2014 with costs
as the same is devoid of merits, in the interests of
justice.
4
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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 receive the counter copies on record by allowing the leave
petition in the above writ petition.
lA NO: 2 OF 2024
Between:
Jakkula Vijaya Lakshmi, W/o. Late Jakkula Veeraju, R/o. Flat No. 203, Kunde
Apartments Near L.V. Prasad Hospital, R.R. Peta, Eluru
...PETITIONER
AND
1. Jakkula Mary Puja, W/o. Jakkula Veeraju, age 40 years, Occ; Cooli
Vidyanagar, Eluru, West Godavari District.
2. The Andhra Pradesh State Road Transport Corporation, Rep by its
Chairman and Managing Director Bus Bhavan, Musheerabad,
Hyderabad
3. The APSRTC Depot Manager, Eluru Depot, Eluru, West Godavari
District
...RESPONDENTS
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 vacate the interim order dated 08.12.2014 passed in
WP.MP.no. 45580 of 2014 in WP.No. 36407 of 2014.
Counsel for the Petitioner: SRI TATA SINGAIAH GOUD
Counsel for the Respondent Nos. 1 & 2: S V RAMANA
Counsel for the Respondent No.3: SRI BATTULA SANJAIAH GANDHI
The Court made the following: ORDER
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APHC010576462014
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
0^ (Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 36407/2014
Between:
Jakkula Mary Puja, W/o. Jakkula Veeraju, age 40 Years ...Petitioner
AND
The Andhra Pradesh State Road ...Respondents
Transport Corporation and Others
Counsel for the Petitioner : Sri. Tata Singaiah Goud
Counsel for the Respondent : Sri. Battula Sanjaiah Gandhi
Sri.S.V.Ramana
Sri.Narasimha Rao Davuluri
The Court made the following Order:
1. The petitioner claims to be the legally wedded wife of one
Jakkula Veeraju and that the husband of the petitioner died on
07.07.2013 while he was in service of the APSRTC. It is also
submitted that the petitioner and Jakkula Veeraju have
a
the 3^'^
daughter from their marriage. It is submitted that
respondent also claims to be the wife of Jakkula Veeraju.
2. After the demise of the petitioner's husband, the petitioner
approached the second respondent, submitted the family
member certificate, and sought release of death benefits. The
II2/I
WP.No.36407 of 2014
petitioner also requested that a job be provided to
the petitioner's
daughter under compassionate appointment.
3. It is submitted that the 2nd respondent has disbursed
the entire
settlement dues to the 3rd respondent and that an amount
of
Rs.2,21,756/- towards the SSB and additional monetary
benefit
are due payable by the 2'^'^ respondent.
4. The learned counsel for the petitioner submits that
the Family
Member Certificate issued by Tahsildar, Eluru, on 27.11.2013,
would clarify that the petitioner is the wife of the
deceased
employee and that she and her daughter are entitled
to all
government service benefits.
5. The respondent Nos. 1 and 3 have filed their counters.
The
official respondent in the counter submits that the
deceased
employee at the time of his appointment had nominated
his
mother and later substituted the name of 3'^ respondent
as a
nominee. It is also submitted that the said employee,
while in
service, had undergone a family planning operation
at Eluru, and
the names of the 3"'^ respondent and his children were
recorded
in the sterilization/family member certificates and
also in the bus
pass declaration.
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WP.No.36407 of 2014
6. It is also submitted that the employee submitted revised
nominations up to 2002 nominating the respondent as his
wife. There is also no evidence/nominations available in the
records of the respondent to consider the petitioner as the
wife of the deceased employee. It is submitted that all claims and
service benefits were paid to the 3'"'^ respondent.
7. The learned standing counsel for respondents 1 and 2 also
submits that the settlement salary bill received from the Accounts
Officer is kept ready for payment; however, on account of the
stay granted by this Court, the same is withheld.
the 3^*^ respondent
8. The 3'''^ respondent in the counter submits that
is the legally wedded wife, and the same is evident from the
service register of the deceased employee. It is submitted that
the petitioner cannot step into the shoes of the 3'^'^ respondent
when there is no proof of marriage.
9. The short point for consideration of this Court is that, whether
this Court can grant the relief as sought for in the writ petition
directing respondents 1 and 2 to provide compassionate
appointment either to the petitioner or her daughter and a further
direction to pay the remaining settlement amount and family
pension to the petitioner.
UAH
WP.No.36407of 2014
10. Learned counsel for the petitioner places reliance
on Mukesh
Kumar and another Vs. The Union of India and othersL
It
was held that the second wife's children would also
be entitled to
seeking compassionate appointment. The facts dealt
with by the
Hon'ble Supreme Court in the judgment referred above,
the
Hon'bie Supreme Court considered whether the conditions
imposed by the railway board circular that compassionate
appointment cannot be granted to children born from
the second
wife of the deceased employee is legally sustainable.
The
Hon'ble Supreme Court has held that the children born
to the
second wife can claim compassionate appointment. However,
the facts of the present case are entirely different.
As such, the
judgment relied upon by the learned counsel for the
petitioner
would be of no relevance to the facts of the present
case.
11. • The petitioner has not submitted any document
to substantiate
her claim that she is the wife of the deceased employee.
The
family member certificate furnished by the petitioner,
which is
issued by the Tahsildar, cannot be considered as a
substitute for
a legal heir certificate. Heir is defined under Section
3 (f) of The
Hindu Succession Act, 1956. The competent authority
to issue a
legal heir certificate would be the civil Court, wherein
the Court
^ SLP(C) No.18571 of 2018, decided on 24.02.2022
//5//
» ' WP.No.36407of2014
could apply the applicable succession laws such as the Hindu
Succession Act or the Indian Succession Act. The civil Court
would also go into the evidence adduced by the parties to arrive
at a finding. In the absence of any document substantiating the
claim of being the second wife of the deceased employee, this
Court is not inclined to give a finding on the entitlement of the
petitioner or her daughter to claim any service benefits, including
compassionate appointment. This Court is not inclined to
entertain the writ petition and the same deserves to be
dismissed.
12. In the result, the writ petition is dismissed without costs.
Pending miscellaneous petitions, if any, shall stands closed.
Sd/- M SRINIVAS
ASSISTANT REGISTRAR
//TRUE COPY//
/^SECTlSig
OFFICER
To,
1. One CC to Sri Tata Singaiah Goud Advocate [OPUC]
2. One CC to Sri Narasimha Rao Davuluri Advocate [OPUC]
3. One CC to Sri S V Ramana Advocate [OPUC]
4. One CC to Sri Battula Sanjaiah Gandhi Advocate [OPUC]
5. Three CD Copies
TF
HIGH COURT
DATED:29/11/2024
ORDER
WP.No.36407 of 2014
DISMISSING THE W.P., WITHOUT COSTS