DARANA HARRY Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

(2.) Heard Sri A.Sai Naveen, learned Counsel for the petitioner, Sri K. Swarna Seshu, learned Standing Counsel for the respondents No.5 and the learned Assistant Government Pleader for School Education.

(3.) Learned counsel for the petitioner would submit that the petitioner herein is the brother of Smt.D.Teressamma, who worked as a Teacher in the School of the respondent No.2. She died in harness while working as Secondary Grade Teacher in the School of the respondent No.2. Learned counsel would further submit that the petitioner being her only brother despite filing legal heir certificate obtained in SOP.No. 583 of 1993 on the file of II Additional District Court, Visakhapatnam dtd. 9/3/1998 wherein the petitioner was declared as legal heir. The respondent-authorities are directed to pay the death benefits of Smt. D.Teressamma. Learned counsel for the petitioner would further submit that Smt.D.Teressamma is married to Sri M.Satyanandam in the year 1979. The couple never blessed with children during the wedlock. While so, the deceased died on 30/8/1988. Learned counsel would further submit that aggrieved by the orders in SOP.No.583 of 1993, the husband of the deceased and his mother Smt. Varahalamma preferred an appeal before the Co-ordindate Bench of this Court in A.S.No. 869 of 1998. It was dismissed on 17/1/2000. It has become final. No further appeal preferred. Learned counsel would further submit that the petitioner also filed O.S.No.327 of 2003 on the file of III Additional Junior Civil Judge, Visakhapatnam for mandatory injunction seeking a direction to the respondent-authorities for reconstruction of service register of Smt.D.Teressamma who is his sister. That was decreed on 31/5/2010 by duly directing the School to reconstruct the service register of the deceased. Learned counsel would further submit that despite the directions in the decree, the respondents did not choose to comply the same. Then, he filed E.P.No.123 of 2011 which was allowed on 31/3/2015, even thereafter, he got issued a registered legal notice to the respondent Nos. 2 to 4 dtd. 24/7/2017. Learned counsel would further submit that inspite of his best efforts for execution of decree passed in his favour for reconstruction of service register and also having decreed that he is the legal heir of his sister Smt.D.Teressamma, he could not receive any death benefits of his sister. Learned counsel finally submits that it is perpetual injustice to the departed soul.