Golusupudi Manga v. The Commissioner

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.30874 of 2011 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India assailing the action of the respondents in not releasing terminal benefits and pension arrears of the petitioner's father late Sri G.Asiraiah.

2. Petitioner herein claims to be the daughter of one late Sri G.Asiraiah. The said Asiraiah while working as a Safaiwala in the respondent Corporation retired from service on 31.07.1987 and subsequently passed away on 26.10.1987. According to the petitioner, her mother Paradesamma, after demise of Sri G.Asiraiah, made a representation to the respondent authorities requesting for payment of terminal benefits, but the respondent authorities did not give any reply to the same. It is also stated in the writ affidavit that the mother of the petitioner passed away in the year 1989 and so also the brother and sister of the petitioner.

3. According to the petitioner, she made a representation to the respondent authorities on 14.10.2004 with a request to pay the terminal benefits and pension arrears of her father late Sri Asiraiah, but the respondents did not give any reply for the same. It is also stated in the writ affidavit that the petitioner herein got issued a legal notice on 25.01.2005 and despite the same, the respondents did not take any action.

4. This Court, while ordering notice before admission on 23.11.2011 passed the following order:

"In view of the relief that is sought for in the writ petition and having regard to the fact that the petitioner claimed to be the daughter of the deceased employee G.Asiraiah who worked in the organization and in view of the fact that the terminal benefits have not been released, the respondents are directed to consider the release of the terminal benefits in accordance with law and pass appropriate orders within a period of four (4) weeks."

5. Despite service of notice, no counter affidavit has been filed by the respondent Corporation. In the absence of any opposition and in view of the reasons stated above, this Court deems it appropriate to make the interim order dated 23.11.2011

as final order in the writ petition.

6. For the aforesaid reasons, the writ petition is disposed of, by making the interim order dated 23.11.2011 as final order in the writ petition. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date: 26.11.2015 grk THE HON'BLE SRI JUSTICE A.V.SESHA SAI

W.P.No.30874 of 2011 Dated: 26.11.2015