HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 17301 OF 2013 Between:
Muppidi Laxmi and three others …Petitioners And The Depot Manager, APSRTC, Narsampet,Warangal and another …Respondents HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 17301 OF 2013 ORDER:
Heard the learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondents-APSRTC.
It is submitted by the petitioners in the affidavit filed in support of the writ petition that the petitioners are the legal representatives of the deceased M.Swamy who is the husband of the first petitioner. M.Swamy died while in service and the petitioners approached the respondents to pay them the death benefits relating to the first petitioner’s husband. The petitioners 2 to 4 are said to be the children of the deceased employee. It appears that there is a rival claim made by one M.Sarojana and others. M.Sarojana claims to be the second wife of the deceased employee. In view of the rival claims, the respondents directed the respective parties to obtain succession certificate from the competent Court. The petitioners in the present writ petition filed succession O.P.No.1090 of 2006 on the file of the III Additional District Judge, Warangal; whereas the rival claimants filed S.O.P.No.329 of 2007 on the file of the III Additional District Judge, Warangal. The succession O.P.No.1090 of 2006 filed by the petitioners in the writ petition is allowed and the S.O.P.No.329 of 2007 filed by the rival claimants is dismissed.
Learned counsel appearing for the petitioners submits that as the succession O.P.No.329 of 2007 filed by the rival claimants was dismissed, the petitioners therein are not entitled to claim death benefits of the deceased employee.
In the aforesaid circumstances, the writ petition is disposed of directing the respondents to disburse the death benefits of the deceased employee – M.Swamy to the petitioners in accordance with rules, within a period of two months from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, filed in this writ petition shall stand closed.
R.KANTHA RAO, J Date:17.07.2014 Ccm THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO. 17301 OF 2014 Date:17-07-2013