Mohd. Abdul Nayeem v. The Tahsildar

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B,VIJAYSEN REDDY WRIT PETITION NO: 25231 OF 2021 Between:

'1 . Mohd. Abdul Nayeem, S/o. It/d. Abdul Azeem (Late), Aged 36 Years, Unemployee, R/o. Plot No. 123, Shivarampally Jagir, Rajendra Nagar (Mdl), Ranga Reddy District.

2. Juveria Fatima, D/o. Md. Abdul Azeem (Late), Aged 31 Years, Occ. Home Maker, Rl/o. Plot No. 123, Shivarampally Jagir, Rajendra Nagar (Mdl), Ranga Reddy District.

3. Md. Abdul Shoeb Akram, S/o. Md. Abdul Azeem (Late), Aged 27 Years, Unemployee, Rl/o. Plot No. 123, Shivarampally Jagir, Rajendra Nagar (Mdl), Ranga Reddy District'

...pETrroNERS AND The Tahsildar, Rajender Nagar, Ranga Reddy District. The Revenue Divisional Officer, Ranga Reddy District. The District Collector, Ranga Reddy District. The District Medical and Health Officer, Vikarabad District. The Director of Public Health and Family Welfare, Telangana State, Shaheeda Begum, Fl/o. H.No. 22-8-347, Purani Haveli, Charminar - 500002. K. Chandra Shekar Goud, Working as Tahsildar, Rajender Nagar, Ranga ReddY District'

...RESP.NDENT'

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the action of the 1st respondent in issuing the Family Member Certificate dated 09.09.2021 , in favour of the 6th respondent, approving her Application No. FAII/CO22100926374 dated 07.09.2021 and contrary rejecting the application of the petitioners dated 11.08.2021 , for grant of Family Member Certificate vide communication dated 09.09.2021 as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of lndia and consequently, direct the respondents to cancel the Family Member Certificate dated 09.09.

2021 issued by the 'l st respondent, in favour of 6th respondent and direct the respondent to issue Family Member Certificate to the petitioners, forthwith, after causing necessary enquiry, by following due process of Law and further fix the personal responsibility and accountability on 7th respondent for his illegal acts.

lA 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 direct the respondents, to not to release any of the death benefits of the petitioners deceased father, to the 6th respondent based on the Family N/ember Certificate dated 09.09.202'1 , issued by the 1st respondent. lA NO: 2 OF 2021 Between:

Shaheeda Begum, R/o. H.No. 22-8-347, Purani Haveli, Charminar - 500002.

...Petitioner/6th Respondent

AND 1 Mohd. Abdul Nayeem, S/o. Md. Abdul Azeem (Late), Aged 36 Years, Unemployee, Rl/o. Plot No. 123, Shivarampally Jagir, Rajendra Nagar (Mdl), Ranga Reddy District.

2 Juveria Fatima, D/o. Md. Abdul Azeem (Late), Aged 31 Years, Occ. Home Maker, Fl/o. Plot No. 123, Shivarampally Jagir, Rajendra Nagar (Mdl), Ranga Reddy District.

3 Md. Abdul Shoeb Akram, S/o. Md. Abdul Azeem (Late), Aged 27 Years, Unemployee, F/o. Plot No. 123, Shivarampally Jagir, Rajendra Nagar (Mdl), Ranga Reddy District.

,.Respondents/Petitioners 4 The Tahsildar, Rajender Nagar, Ranga Reddy District. 5 The Revenue Divisional Officer, Ranga Reddy District. 6 The District Collector, Ranga Reddy District. 7 The District Medical and Health Officer, Vikarabad District. B The Director of Public Health and Family Welfare, Telangana State, 9 K. Chandra Shekar Goud, Working as Tahsildar, Rajender Nagar, Ranga Reddy District.

...Respondents/Respondents

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 in W.P.No.2523112021 dated 05.10.2021. Counsel for the Petitioners: SRl. POODATTU AMARENDER Counsel forthe Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent Nos.4 & 5:

GP FOR MEDICAL HEALTH & FAMILY WELFARE Counsel forthe Respondent No.6: SRI KOKA SATYANARAYANA RAO Counsel forthe Respondent No.7: NONE APPEARED The Court made the following: ORDER

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.25231 of 2021 ORDER:

This writ petition is filed to declare the action of the l"t respondent in issuing the Family Member Certificate, dated 09.09.2021 , in favour of respondent No.6 approving her application vide application No.FAMC022100926374 dated 07109.2021 and rejecting the application of the petitioners dated r 1.08.2021.

2.

The parties i.e., petitioner Nos.l to 3 and respondent No.6, as well as their counsel are present and the parties are identified by their respective counsel.

3.

Since the parties have appeared-in-person before this Court, it is not necessary to detail out all facts narrated in the writ affidavit.

4.

It is reported by Sri P. Amarender, leamed counsel for the petitioners, and Sri Koka Satyanarayana Rao, leamed counsel for respondent No. 6, that the parties have settled the matter out of Court and came to an understanding. A joint memorandum of l-

BVR-J WP.No.252ll 2021 compromise dated 30.03.2022 is filed duly signed by all the concerned parties and the counsels.

5.

By virtue of the joint compromise memo dated 30.03.2022, petitioner Nos.1 to 3 and respondent No.6 have agreed to receive the service benefits of the deceased Mohammed Abdul Azeern in proportion to their shares as per law. It is further agreed by the parties that petitioner No.3 alone would be entitled for compassionate appointment and respondent No.6 alone would be entitled for family pension.

6.

In view of the above settlement, respondent Nos.3 and 4 are directed to consider the application of petitioner No.3 seeking compassionate appointment on account of the death of Mohammed Abdul Azeem during the course of employment. Respondent Nos.3 and 4 are further directed to distribute the service benefits of the deceased Mohammed Abdul Azeem amongst petitioner Nos. 1 to 3 and respondent No.6, as per law, and the same shall be credited to their bank accounts furnished as under:

Name Account No Bank Branch & IFSC Code Mobile No Mohd. Abdul Nayeem (Petitioner No.l ) 10079449177 IDFC Bank, Somajiguda Branch.

rDFB0080204 7093184284 I I l IS"V I

BVR.] wP.No.252ll 2021 J Juveria Fatima (Pctirioner No.2) 1007891 9009 IDFC Bank, Somajiguda Branch.

IDF'B0080204 7207186121 Mohd. Al ul Shoeb Akram (Petitioner No 3) t0079449166 IDFC Bank, Somajiguda Branch.

IDFB008020.r 7 89196258'7 I Smt. Shaheda Begum (Respondenl No.6) 52078469089 State Bank of India, City Civil Coufi Branch 20930 sBtN 0020073 MICR50000023t0 9703608319 I I I Further, the arrears of family pension and future amounts under family pension shall be remitted to the above furnished bank account of respondent No.6.

7.

Accordingly, the writ petition is disposed of. The memo of comptomise dated 30.03.2022 shall be made part of this order. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed SD/-K.ONESIM ASSISTANT REGISTRAR /.t lt"

SECTION OFFICER To, / //TRUE COPY// The Tahsildar, Rajender Nagar, Ranga Reddy District. The Revenue Divisional Officer, Ranga Reddy District. The District Collector, Ranga Reddy District. The District Medical and Health Officer, Vikarabad District. The Director of Public Health and Family Welfare, Telangana State, One CC to Sri Poodattu Amarender ,Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies One Spare Copy 'l 4( \ o CHR BS \ v

HIGH COURT DATED:3010312022 ll l{ o o (n 13 fi"t \ti?

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ORDER

:o -* ft W.P.No.25231 o12021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ryt/