THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21848 OF 2014 Between:-
Robert D Souza and others.
…Petitioners.
And The Administrative Officer, Niloufer Hospital, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21848 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioners and the learned Government Pleader for Medical and Health (TG) appearing for the respondents.
This writ petition is filed seeking to issue a writ of mandamus, declaring the action of the first respondent in not settling the death benefits of Smt.Easther Vinodhini, Staff Nurse in favour of the petitioners as illegal, arbitrary and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the first respondent to release the death benefits of Smt.Easther Vinodhini, Staff Nurse in favour of the petitioners after deducting the liability towards third respondent.
This writ petition is filed by the legal representatives of the deceased Smt.Easther Vinodhini, Staff Nurse, who died while in service. The first petitioner is the husband of the deceased employee and petitioners 2 and 3 are their children. The deceased Smt.Easther Vinodhini worked in the first respondent organization as a staff nurse and she died on 5-1-2013. During her life time, she availed personal loan of Rs.75,000/- (Rupees seventy five thousand only) on 22-4-2004 from respondent No.3 bank and did not repay the amount payable under installments. The third respondent instituted a suit in O.S.No.2488 of 2009 on the file of the I-Additional Senior Civil Judge at L.B.Nagar, Ranga Reddy District and the same was decreed on 8-7-2010. Subsequently, there was one time settlement between the bank and the legal representatives of the deceased, wherein the bank agreed to receive an amount of Rs.1,00,200/- (Rupees one lakh, two hundred only).
The grievance of the petitioners is that though the respondents 1 and 2 agreed for deduction of the amount due to the bank from the retiral benefits of the deceased employee, they have not been settling the death benefits relating to Smt.Easther Vinodhini deceased employee for the purpose of paying them to the petitioners.
Since the petitioners gave their consent for deduction of the amount due to the bank, the relief prayed by the petitioners in the writ petition can be granted.
Accordingly, the respondents 1 and 2 are directed to settle the death benefits relating to Smt.Easther Vinodhini deceased employee and pay the same to the petitioners after deducting the amount due to the third respondent bank, within a period of two months from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly at the stage of admission. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 01-08-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.21848 OF 2014 Date: 01-08-2014 Shr.