GADDAM RUTH VICTORIA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri Sreemannarayana Vattikuti, learned counsel for the petitioner, learned Govt. Pleader for Services-II, appearing for respondents Nos.1 to 4 and Sri Satish Kumar, learned counsel for the 5th respondent.

(2.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order of the Andhra Pradesh Administrative Tribunal (in short "APAT/Tribunal") in O.A.No.1726 of 2015, dtd. 25/4/2017.

(3.) The case of the petitioner is that her husband Sri late Gaddam Danam worked as Warden in the Office of the District Social Welfare-3rd respondent and retired on 30/6/2011 and later expired on 17/10/2014 leaving behind the petitioner (Gaddam Ruth Victoria) as his legally wedded wife and only son as his legal heirs. The petitioner approached the official respondents No.1 to 4 claiming the retirement and other terminal benefits, such as pension, medical reimbursement etc., and came to know that the present 5th respondent, namely, Smt. G. Padma, was also claiming family pension etc., being nominee of late Gaddam Danam in his service register. The petitioner"s further case is that her marriage with late Gaddam Danam took place on 9/6/1975 as per Christian rites and customs. Out of the said wedlock, a son was born. The petitioner"s husband never married any other woman. The petitioner was neglected in maintenance. So, she filed FCOP No.151 of 2010 against her husband and pending such case, he retired from service. Then the petitioner filed FCOP No.232 of 2011 to attach an amount of Rs.3,60,000.00 on which a conditional order of attachment in I.A.No.1197 of 2011 in FCOP No.232 of 2011 was passed on 8/9/2011, against which, the husband filed CRP No.1024 of 2012, which was allowed on 4/12/2012, remanding the matter to the trial Court for fresh consideraton, but with direction that the said amount shall be withheld till the matter was decided by the trial Court, subject to Sec. 60(g) of Code of Civil Procedure (CPC).