Andhra Pradesh High Court - Amravati
Smt. K. Krishna Veni vs The Government Of Andhra Pradesh on 16 December, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.24391 of 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India by the petitioner seeking the following relief:
"....to issue an order or direction, more particularly one in the nature of Writ of MANDAMUS by declaring the action of the respondent authorities in not releasing retirement benefits to the petitioner's deceased husband and not sanctioning/releasing family pension to the petitioner as illegal, arbitrary and in violation of Art 14, 16 and 21 of the Constitution of India and contrary to Principles of Natural Justice; and consequently, direct the respondent authorities to release retiremental benefits to petitioner's deceased husband and also direct the respondents to sanction family pension from 17.12.2017 as petitioner's husband expired on 16.12.2017 duly releasing all arrears with interest as he was acquired from criminal case by the Hon'ble High Court vide order in Crl.Rev.Case No.71 of 2001 dated 4.7.2007 and pass such other and further order or orders..."
2. The petitioner is the wife of late Madhava Rao, who worked as Senior Assistant in R.C.D. Hospital, Visakhapatnam. He was placed under suspension, vide proceedings, dated 01.03.1991, of the Regional Director, Medical & Health Services, Visakhapatnam, on the allegation of embezzlement of Rs.73,054/-. A criminal prosecution was also launched against the husband of the petitioner, vide C.C.No.550 of 1992, after full fledged trial, he was found guilty and was sentenced to undergo simple imprisonment for one year. Against the same, an appeal was preferred, vide Criminal Appeal No.12 of 2020, and the said appeal was allowed partly, finding the husband of the petitioner not guilty for the offences punishable under Sections 420, 468 and 471 I.P.C. but, confirmed the conviction for the offence punishable under Section 477A I.P.C., sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- with default sentence.
2 MSM,J W.P.No.24391 of 2020 Aggrieved by the said order, a criminal revision case was filed, vide Criminal Revision Case No.71 of 2001, and the same was ordered on 04.07.2007.
After passing the orders in the said criminal revision case, the husband of the petitioner made several representations to the respondent authorities with a request to reinstate him into service, keeping in view his acquittal from the criminal charges and release all the retirement benefits on attaining the age of superannuation. According to the petitioner, the first of such representations was dated 27.08.2007 and the last one was dated 03.07.2014. While things stood thus, the husband of the petitioner died on 16.12.2017 and the petitioner made representation, dated 01.02.2018, to the respondent authorities for release of the retirement/death benefits. Since no order has been passed by the respondent authorities, this writ petition is filed by the petitioner seeking the relief as stated supra.
3. During the hearing, Sri A.Satyanarayana Murthy, learned counsel representing Sri K.Srinivasa Prasad, learned counsel for the petitioner, has drawn the attention of this Court to the letter addressed by the Regional Director, Medical and Health Services, Visakhapatnam, to the Director of Public Health & Family Welfare, Visakhapatnam - respondent No.2 herein, vide Rc.No.750/B1/1991, dated 11.12.2019, requesting the latter to issue necessary orders on the representation of the petitioner, and submitted that despite such letter, no action has been taken by the respondent authorities so far.
4. Learned Government Pleader for Services III appearing for the respondents has fairly acceded to the request of the petitioner to act on 3 MSM,J W.P.No.24391 of 2020 the letter addressed by the Regional Director, Medical and Health Services, dated 11.12.2019, to respondent No.2.
5. Undisputedly, husband of the petitioner worked in R.C.B. Hospital, Visakhapatnam. While working as such, he was placed under suspension and criminal prosecution was also launched against him for various charges. After conclusion of the criminal prosecution with an acquittal from the criminal charges, the husband of the petitioner made several representations to the respondent authorities for reinstatement and release of the retirement benefits on attaining the age of superannuation, but no action was taken by them. Finally, the petitioner, after death of her husband, made a representation to the respondent authorities for settlement of the retirement/death benefits and payment thereof to her. The Regional Director, Medical & Health Services, Visakhapatnam, vide letter, dated 11.12.2019, requested respondent No.2 to issue necessary orders on the representation of the petitioner and accord necessary sanction for drawl of pensionary benefits payable to legal heirs of deceased, since it was a long pending case in the office. It appears from the record that respondent No.2 did not take any action on the said letter, dated 11.12.2019. Hence, the petitioner filed this writ petition. During the hearing, learned Government Pleader for Services III appearing for the respondents has fairly acceded to act on the said letter.
6. Having considered the facts and circumstances of the case, I deem it appropriate to issue a direction to respondent No.2 to consider and pass appropriate orders on the representation of the petitioner by taking into consideration the letter, dated 11.12.2019, addressed by the Regional Director, Medical & Health Services, Visakhapatnam, within a period of one month from today, in accordance with law.
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7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
_____________________________ M.SATYANARAYANA MURTHY, J 21st December, 2020 GHN