In a long-pending dispute over posthumous service benefits, the Andhra Pradesh High Court has directed the State authorities to reconstruct the service register of a deceased government-aided school teacher and release the pending dues to her brother, who had earlier been declared her legal heir by a competent court.

Justice Dr. Venkata Jyothirmai Pratapa, presiding over W.P. No. 32150 of 2018, issued a writ of mandamus against the State and school authorities for their prolonged inaction, terming their conduct “not tenable” in light of existing judicial decrees in the petitioner’s favour.

The petitioner, Darana Harry, approached the Court seeking disbursal of death benefits owed to his sister, Smt. D. Teresamma, who died in service in 1988 while working as a Secondary Grade Teacher at St. Anthony Elementary School, Maharanipeta, Visakhapatnam. Although declared her legal heir by the II Additional District Judge, Visakhapatnam (SOP No. 583 of 1993), a finding upheld in appeal (A.S. No. 869 of 1998), the authorities failed to release the benefits for over three decades.

Highlighting this, the Court observed:
“Admittedly, the petitioner was declared as legal heir of the deceased Smt. D. Teresamma to receive her death benefits. Hence, he is entitled on all scores to receive such amounts which are due to his sister.”

The authorities contended that the benefits had already been disbursed, but the Court found this claim unsupported. Referring to a letter dated 14.05.2018 from the school correspondent, the Court noted:
“The information… is not supported by any scrap of paper. There is no basis for respondent No. 2 to furnish such type of information… which is not tenable.”

Despite a civil court decree in O.S. No. 327 of 2003—directing reconstruction of the service register—and execution proceedings in E.P. No. 123 of 2011, the authorities had failed to act. Expressing concern, the Court remarked:
“Even after this much of legal battle, the individual cannot get anything relating to the death of his own sister.”

While the petitioner’s plea for family pension was rejected on the ground that he does not fall within the eligible beneficiary category under Rule 50(5) of the Andhra Pradesh Revised Pension Rules, 1980, the Court directed immediate administrative action for the remaining benefits.

The Court ordered:
“…the respondent Nos. 1, 3, 4 shall ensure that respondent No. 2 reconstructs the service register within one month from receipt of this order. If this is not done and there is no proof of payments, the petitioner’s claim shall be treated as correct, and the death benefits of Smt. D. Teresamma shall be paid within two months thereafter, without fail.”

With this direction, the writ petition was allowed, bringing long-overdue closure to a decades-old legal and bureaucratic impasse.