Mother Can't Be Denied Family Member Certificate

Andhra Pradesh High Court 

Why in News? 

A Single Judge Bench of Justice B. S. Bhanumathi, in Mandula Khasim Bi v. State of Andhra Pradesh & Ors.(2026), quashed a Tahsildar's rejection of a mother's application for a Family Member Certificate following the death of her government-employee son, holding that she could independently apply for the certificate even though he was married. 

What was the Background of Mandula Khasim Bi v. State of AP (2026) Case? 

• The petitioner was the mother of a Police Constable who died while in service. She was shown as the nominee in her son's service records. 
• She submitted an online application for a Family Member Certificate under G.O.Ms.No.145, Revenue (SER.II) Department, to avail service-related legal benefits. 
• The Tahsildar rejected her application by an endorsement, holding that since the deceased was married, his wife and children, if any, were to be treated as his family members. 
• The Tahsildar noted that the deceased had instituted divorce proceedings against his wife, which stood dismissed upon his death, and stated that the wife's application for a certificate could be considered only after due enquiry. 
• The endorsement further stated that the mother of a married son could not be considered a family member for the purpose of the certificate, and recorded that the petitioner had sought a certificate excluding the deceased's wife. 
• The petitioner challenged the endorsement, relying on the procedure prescribed under G.O.Ms.No.145, which requires the Tahsildar to issue a seven-day notice, conduct an enquiry, and record a panchanama before deciding whether to issue or reject the certificate. 

What were the Court's Observations? 

• On the Petitioner's Entitlement as Nominee: The Court held that since the petitioner claimed to be the nominee to the service benefits of her deceased son, she was entitled to apply for a Family Member Certificate on that basis alone. 
• On the Mother Being a Legal Heir and Family Member Despite the Son's Marriage: The Court held that the petitioner, being the mother of the deceased government employee, is a legal heir and a family member even in the presence of the deceased's wife or children, and that this status was not extinguished merely because her son was married. 
• On the Application Not Being Contingent on the Wife's Claim: The Court held that the petitioner could not be made to wait for issuance of the certificate until the wife chose to seek one. Her application, as mother of the deceased, had to be considered independently and could not be deferred pending a claim by another family member. 
• On the Procedure for Inclusion of Other Eligible Family Members: The Court observed that if, after conducting the enquiry under the prescribed procedure, any other family member was found entitled to be included, such member could be added to the certificate along with the mother, without displacing her independent right to apply. 
• On the Illegality of the Tahsildar's Endorsement: Considering the procedure prescribed under G.O.Ms.No.145, the Court found the Tahsildar's endorsement rejecting the petitioner's application to be apparently illegal, since it proceeded on the erroneous premise that only the wife and children of a married deceased employee could be treated as family members. 

What is a Family Member Certificate? 

Background & Purpose:  

G.O.Ms.No.145, Revenue (SER.II) Department, prescribes the procedure for issuance of a Family Member Certificate by the Tahsildar. Such a certificate may be issued upon the death of a government servant, as well as to members of the general public, to enable eligible persons to avail service benefits, government schemes, and other purposes. 

Prescribed Procedure: 

• On receipt of an application, the Tahsildar is required to issue a notice of seven days, providing an opportunity for objections or claims by other potentially eligible family members. 
• The Tahsildar must conduct an enquiry into the applicant's claim and the composition of the deceased's family. 
• A panchanama is to be recorded as part of this enquiry, documenting the findings before a decision is taken. 
• Based on the enquiry, the Tahsildar decides whether to issue or reject the certificate, and may include other family members found entitled, along with the applicant. 

Key Principles Governing Eligibility: 

• A person claiming to be the nominee for the deceased's service benefits is entitled to apply for the certificate on that basis. 
• The mother of a deceased employee remains a legal heir and family member regardless of whether the deceased was married, and does not lose this status merely because a spouse or children also survive. 
• The right of one eligible family member (such as the mother) to obtain the certificate is not contingent upon another eligible family member (such as the spouse) applying first; each application must be considered and processed independently, following the enquiry mandated under the Government Order.