The Andhra Pradesh High Court put an end to a 37-year-long legal battle where a brother sought his deceased sister’s death benefits. The High Court took note of the fact that the petitioner was declared a legal heir of the deceased woman, and the civil suit seeking direction for reconstruction of the service register of the deceased was also decreed in his favour.

The Petitioner filed a writ Petition under Article 226 of the Constitution Of India seeking issuance of a declaration that the action of the respondent authorities in not paying the death benefits of one D Teresamma who died in harness as 2nd Grade Teacher in St. Anthony Elementary School, Maharanipeta, Visakhapatnam in favour of the petitioner despite the legal heir certificate was arbitrary. The Petitioner also sought a direction to the authorities to pay the death benefits in his favor.

Taking note of the legal history, the Single Bench of Justice Venkata Jyothirmai Pratapa said, “Even after this much of legal battle, the individual cannot get anything relating to the death of his own sister.”

Advocate Arrabolu Sai Naveen represented the Petitioner, while Senior Counsel K Swarna Seshu represented the Respondent.

Factual Background

It was the case of the petitioner that the deceased woman was his sister. She died in harness while working as a Secondary Grade Teacher in the School of the respondent on August 30, 1988. The petitioner is her only brother, and his sister was married to one M. Satyanandam in the year 1979. The couple was never blessed with children during their wedlock. There was a rival claim from the husband of the deceased immediately after her death about her death benefits and service benefits.

The petitioner filed a petition claiming the benefits, and the matter was decided in his favour of the petitioner holding that he is the legal heir, and he can receive the amounts mentioned in the schedule. The Petitioner brought it to the Court’s attention that despite his best efforts for the execution of the decree passed in his favour for reconstruction of the service register, and also having decreed that he is the legal heir of his sister, he could not receive any death benefits of his sister.

Reasoning

On a perusal of the facts, the Bench noted that the petitioner is the own brother of the deceased who died during her service as Secondary Grade Teacher in the School of the respondent, leaving behind her father, late D. Alexander, her husband and the petitioner, who is her brother.

The High Court also found that in an earlier Petition filed by the petitioner, he was declared as the legal heir who could receive the amounts which were mentioned in the schedule. Moreover, a a civil suit seeking a direction for reconstruction of the service register of the deceased was decreed in his favour. “It is also not in dispute that despite of his efforts, the respondent authorities cannot even move their little finger”, the Bench said.

However, the Bench noted that the contention of the respondents on the point that the petitioner was not eligible to claim family pension had some merit. The petitioner being the brother did not fall under Category-I of A.P. Revised Pension Rules, 1980, and couldn’t claim family pension of the deceased.

The Bench made a reference to the letter which was addressed to the District Educational Officer, Visakhapatnam from the School Correspondent showing that basing on the information gathered from their memory, they had decided that the deceased received everything. “Be that as it may, the information which is furnished in the letter supra, is not supported by any scrap of paper. There is no basis for the respondent No.2 to furnish such type of information being a Correspondent of Government Aided School which is not tenable. Admittedly, the petitioner was declared as legal heir of the deceased Smt. D.Theresamma to receive her death benefits. Hence, he is entitled on all scores to receive such amounts which are due to his sister”, the Bench said.

Thus, allowing the petition, the Bench directed the reconstruction of the service register and payment of the death benefits of the deceased sister to the petitioner within 2 months.

Cause Title: Darana Harry v. State of Andhra Pradesh and Others (Case No.: Writ Petition No.: 32150/2018)

Appearance:

Petitioner: Advocate Arrabolu Sai Naveen

Respondent: Senior Counsel K Swarna Seshu

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Andhra Pradesh High CourtJustice Venkata Jyothirmai Pratapa

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.