Andhra Pradesh High Court - Amravati
Smt. J. Veera Venkata Sri Satya Veni, vs The State Of Andhra Pradesh on 28 December, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.30685 OF 2021
ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Services-III appearing for the respondents.
2. The writ petition is filed by the wife and daughter of Late Gorthi Subrahmanya Sastry. He was appointed on compassionate grounds as a Junior Assistant in Government Junior College, Kirlampudi and while working in 4th respondent-School, died on 19.11.2021 due to cardiac arrest. Under the said circumstances, the 1st petitioner approached the 4th respondent for release of death-cum-retirement benefits. However, the same were not released and on the other hand, the petitioners came to know that a Garnishee order was passed for Rs.4,42,387/- by the Hon'ble Principal Junior Civil Judge, Peddapuram in I.A.No.666 of 2021 in O.S.No.263 of 2021. They also learnt that another suit in O.S.No.271 of 2021 was instituted against the 1st petitioner's husband in the Court of Principal Junior Civil Judge, Ramachandrapuram.
3. Be that as it may. The grievance of the petitioners is that on the premise that an order of attachment was passed for Rs.4,42,387/-, the 4th respondent is not releasing the entire death-cum-retirement benefits of the 1st petitioner's husband. Hence, the present writ petition.
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4. Learned counsel for the petitioners submits that though the attachment order is for a sum of Rs.4,42,387/- only, the 4th respondent is withholding the entire amount to which the petitioners are legally entitled to. He submits that the petitioners are entitled for the family benefits, Earned Leave benefits, funeral expenses, Provident Fund, Gratuity, APGLI, GIS and other benefits, which accrued on the death of 1st petitioner's husband. He submits that non-release of death- cum-retirement benefits is causing serious prejudice and irreparable loss to the petitioners. Learned counsel further submits that the petitioners in this regard made a representation dated 09.12.2021 to the 4th respondent and no action has been taken so far. Therefore, he seeks appropriate directions from this Court.
5. Considering the submissions made by learned counsel for the petitioners and on perusing the material on record, it would appear that only an amount of Rs.4,42,387/- was attached pursuant to the Garnishee order passed in O.S.No.263 of 2021. Under the said circumstances, the action of the 4th respondent in withholding the entire death-cum- retirement benefits to which the petitioners are entitled to, is not justified.
6. Accordingly, the writ petition is disposed of, with a direction to the 4th respondent to consider the representation of the petitioners dated 09.12.2021 and release the death-cum- 3 retirement benefits referred to supra to the petitioners, within a period of four weeks from the date of receipt of a copy of this order, by withholding an amount of Rs.4,42,387/- and other amounts, in the event of any Garnishee order, by any Competent Court. No costs. Miscellaneous petitions, if any pending, shall stand closed.
_________________________ NINALA JAYASURYA, J December 28, 2021.
Note:
Dispatch order copy in one week. (By order) vasu