KAMUNURI GOLLA SUSEELA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:

(2.) It is asserted in the affidavit filed in support of the Writ Petition that the petitioner is legally wedded wife of late Golla Ravi Kumar who worked as School Assistant (Telugu) at Zilla Parishad High School, Pedavadlapudi Village, Mangalagiri Mandal, Guntur District, since 1995 and succumbed to death due to Covid-19 in the Hospital on 19/5/2021.

(3.) It is the case of the petitioner herein that she got married with the deceased employee on 29/5/2004 and during their wedlock she has given birth to two children namely Niswitha and Jeswant Kumar. Prior to the marriage with her, Golla Ravi Kumar was married one Vasa Grace Ratna Kumari, who got divorced by dissolving the marriage under the Indian Divorce, vide I.D.O.P. No. 92 of 2003 dtd. 26/12/2006. Since, the date of the divorce, the petitioner and her husband Golla Ravi Kumar together raised daughter of 1 wife of the deceased who is 4 respondent herein, and performed her marriage with one Chavala Prakash of Prakasam District in December, 2017. After the death of late husband the petitioner herein obtained death certificate on 8/6/2021 and she is entitled to get death benefits namely Provident Fund, Gratuity, Pension and to that effect she applied for Family Member Certificate on 28/6/2021 and 10/7/2021 with all requisite documents vide application Nos. FAMC012102764210 and FAMC012102792475 and the petitioner is also indeed needed the Family Member Certificate for getting compassionate appointment under the Breadwinner Scheme. On making such application as indicated above, the 3 respondent herein issued notice vide RC No. 199/2021-B, dtd. 24/8/2021 to the unofficial 4 respondent herein to attend before his office on 31/8/2021 and the unofficial respondent herein has submitted written objections on 17/9/2021. On the basis of the written objections submitted by the unofficial respondent, the 3 respondent Tahsildar, without any prior enquiry and upon considering the objections submitted by the unofficial respondent, rejected the application of the writ petitioner made for issuance of the Family Member Certificate vide endorsement in RC No. 199/2021-B, dtd. 18/9/2021. The said order has been assailed before this Court in the present writ petition.