Telangana High Court
WP/21005/2004 of Smt. Singam Sharada W/o Mallesham Vs The Managing Director, A.P. Genco, on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 21005 of 2004 Between: 1 Smt. Singam Sharada W/o Mallesham r/o H. No. 6/7, 21 enclave,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 21005 of 2004
Between:
1 Smt. Singam Sharada W/o Mallesham
r/o H. No. 6/7, 21 enclave, Yellandu Khammam District 2 Smt. Guggilla Ramadevi W/o Veerabhadram R/o H. NO. 18-1-118, Bollorugudem, Paloncha, Khammam district
..... PETITIONERS
AND
1 The Managing Director, A.P. GENCO, Vidyuth Soudha, Khairatabad, HyderabadHyderabad 2 The Chief Engineer, Kothagudem Thermal Power Station, Polancha, Khammam DistrictKhammam District 3 Smt. Kuchina Sunith W/o Late Rajaiah R/o H.No. 18-1-119, Bollorugudem, Polancha, Khammam District
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue writ or direction preferably writ of Mandamus directing respondents 1 and 2 notto release any monetary benefits or provide compassionate appointment in favour ofthe 3rd respondent and consequently direct the respondents 1 and 2 release theamounts in favour of the petitioners and 3rd respondent equally and also considerthe case of the petitioners for appointment on compassionate ground Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR
Counsel for the Respondents No.1 & 2: SMT.K.SESHARAJYAM (SC FOR APGENCO)
Counsel for the Respondent No.3 : Mr M. RAJAMALLA REDDY
The Court made the following :
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ORDER:
Heard all the three counsel on record. At their request, the main writ petition itself istaken up for disposal.
The petitioners herein who are the daughters of the deceased employee files thiswrit petition seeking a writ of Mandamus directing the respondents 1 & 2 to releasethe monetary benefits in their favour and in favour of 3[rd] respondent and also toconsider their case for compassionate appointment on compassionate groundsinstead to provide the same to the third respondent.
The petitioners 1 & 2 and the 3[rd] respondent are the daughters of deceasedemployee who worked as Sweeper in the Kothagudem Thermal Power Station anddied on 18-7-2004. The petitioners sought to place reliance on the will alleged tohave been executed by their deceased mother on 5-6-2000, whereas the otherdaughter 3[rd] respondent herein sought to place reliance on the will alleged to havebeen executed by her mother on 6-1-2004. Admittedly, the deceased employee hadleft behind some house and other properties and further the legal representativeswould be entitled to the retirement benefits of the deceased employee.
Having considered the submissions made and also on perusal of the material, it isseen that in view of the rival wills set up from both the sides, it is not open for thisCourt to go into all these aspects by exercising the powers under Article 226 ofConstitution of India.
Hence, it is left open to the parties to approach the competent Civil Court toestablish their wills and claiming rights on the properties. However, in regard to theretiral benefits the same has to be shared by all the three daughters equally. Furtherin regard to compassionate appointment as sought for by all the three daughters,who have filed respective applications independently, it is left open for therespondents 1 & 2 to consider the same on merits and to pass appropriate orders, inaccordance with law, after giving notices and opportunity to all of them.
With the aforementioned observations, the writ petition is disposed of. No Costs.
________________
Dt 28/12/2004
KVRK
To
1 The Managing Director, A.P. GENCO, Vidyuth Soudha, Khairatabad, Hyderabad 2 The Chief Engineer, Kothagudem Thermal Power Station, Polancha, Khammam District 3 Two CD copies.