WRIT PETITION 40052 of 2016 on 22 November 2016

1. G.INDIRAMMA, W/O LATE G.VENKATA RANGA REDDY, AGED 76 YEARS R/O PULACHETLAPALLI, JAKKASAMUDRAM MANDAL, ANANTHAPURAM DISTRICT YEARS R/O PULACHETLAPALLI, JAKKASAMUDRAM MANDAL, ANANTHAPURAM DISTRICT

...PETITIONER

AND

1. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, AT TIRUPATHI, CHITTOOR DISTRICT PRADESH LTD, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, AT TIRUPATHI, CHITTOOR DISTRICT

2. THE SUPERINTENDING ENGINEER, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, ANANTHAPURAM DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, ANANTHAPURAM

3. THE DIVISIONAL ELECTRICAL ENGINEER OPN, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, KADIRI, ANANTHAPURAM DISTRICT POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, KADIRI, ANANTHAPURAM DISTRICT

4. G RAMA DEVI, W/O LATE G.JANARDHAN REDDY R/O 10TH CROSS, BYRAVA COLONY, ANANTHAPURAM BYRAVA COLONY, ANANTHAPURAM

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondent Nos. 2 & 3 in not releasing 1/3rd share of petitioner out of all the benefits arising out of the death of her son viz Late G.Janardhan Reddy, Lineman, Gummayyagaripalli Line, APSPDCL, Gorantla, Ananthapuram District, as illegal and arbitrary and to consequently direct the Respondent Nos. 2 & 3 to forthwith release the 1/

3rd share of the petitioner in all the benefits arising out of the death of her son, G.Janardhan Reddy ; Award costs IA NO: 1 OF 2016(WPMP 49338 OF 2016

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions to the Respondent Nos. 2 &, 3 not to disburse any benefits arising out of the death of Late g. Janardhan Reddy, Lineman Gummayyagaripalli Line, APSPDCL, Gorantla, Ananthapuram District in favour of 4th respondent, pending disposal of the W.P. No. of 2016

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 22.11.2016 in WPMP No. 49338 of 2016 and dismiss the Writ Petition No. 40052 of 2016 and pass Counsel for the Petitioner:

1. N RANGA REDDY

Counsel for the Respondent(S):

1. Venkata Rama Rao Kota SC FOR APSPDCL

2. K SRINIVAS

The court made the following ORDER:-

The writ petition is filed under Art. 226 of the Constitution of India, seeking the following main relief:- “……declaring the action of Respondent Nos. 2 & 3 in not releasing 1/3rd share of petitioner out of all the benefits arising out of the death of her son viz Late G.Janardhan Reddy, Lineman, Gummayyagaripalli Line, APSPDCL, Gorantla, Ananthapuram District, as illegal and arbitrary and to consequently direct the Respondent Nos. 2 & 3 to forthwith release the 1/ 3rd share of the petitioner in all the benefits arising out of the death of her son, G.Janardhan Reddy; Award costs.……”

2. Apparently, at the time of admission, this Court passed interim orders dated 22.11.2016 and in view of the same, the benefits arising out of the death of late G.Janardhan Reddy, Lineman, Gummayyagaripalli Line, APSPDCL., were not released to any parties.

3. Heard the learned counsel for the petitioner, Sri Venkata Rama Rao Kota, learned Standing Counsel for the respondents 1 to 3 Corporation and Sri K. Srinivas, learned counsel appearing for unofficial respondent No.4.

4. Learned counsel for the petitioner submits that the petitioner is presently aged about 85 years, suffering with old age ailments. He submits that after the death of the petitioner’s son namely, G. Janardhan Reddy, who worked as Lineman in the respondents Corporation, nobody is taking care of the petitioner to meet her basic amenities. He prays this Court that if the petitioner’s entitled share of 1/3[rd ]is not released by the respondents Corporation, the petitioner would suffer serious prejudice and irreparable loss.

5. On the other hand, Sri K. Venkata Rama Rao, learned Standing Counsel for the respondents Corporation, referring to counter affidavit of the 3[rd] respondent, submits that initially, after the death of G.Janardhan Reddy, the 4[th] respondent, who is the wife of the deceased, has given appointment on compassionate grounds on 11.11.2010 F.N., along with leave encashment of Rs.3,13,711/-. He submits that the payment of gratuity of Rs.2,68,485/- has been stopped due to the interim orders dated 22.11.2016 passed by this Court. He fairly submits that the petitioner is entitled to 1/3[rd] share out of presently available amount i.e. Rs.2,68,485/-. He further submits that the said gratuity amount is with the 2[nd] respondent and he is ready to disburse the amount, if any eligible persons i.e., the petitioner and the 4[th] respondent, approach the 2[nd] respondent. To that effect, he has drawn the attention of this Court to para No.9 of the counter affidavit filed by the 4[th] respondent.

5. Sri K. Srinivas, learned counsel appearing for the 4[th] respondent, also submits that the 4[th] respondent is also entitled for 1/3[rd] share of the gratuity amount of the deceased G.Janardhan Reddy.

6. Considering the submissions made by both parties and in order to put quietus to the lis, this Court is of the view that the writ petition may be disposed of, with the following terms:-

i. The petitioner and the 4[th] respondent are directed to make a representation with regard to their claim with all the relevant documents before the 2[nd]respondent, within two months, from the date of receipt of copy of this Order. representation with regard to their claim with all the relevant documents before the 2[nd]respondent, within two months, from the date of receipt of copy of this Order.

ii. On making such representation, the 2[nd] respondent, shall dispose of the same and release the gratuity amount as per the entitlement, within three months. dispose of the same and release the gratuity amount as per the entitlement, within three months.

7. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed.

_______________________________

THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION No.40052 of 2016

Date: 25.09.2025

GVK