IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTYNINTH MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMA MOHAN RAO WP.No. 24089 of 2002 Between: K. Laxmipathi Rao s/o Krishna Murthy, Aged about 68 years, R/o D.No. 5-74, Krishna colony, Hyderabad. ..... Petitioner V/s. The Commissioner, Singareni Collieries Educational Society, KGM Qrt.No. 7, Writers Basti, Kothagudem-5-7101 & 2-Ors. … Respondents Counsel for the Petitioner : Sri K. Purshotham Counsel for the Respondents: Sri K.Srinivasa Murthy Ms. Uma The Court made the following : (Order follows 2nd page) THE HON’BLE SRI JUSTICE NOOTY RAMA MOHAN RAO WP.No. 2 4 0 8 9 OF 2002. O R D E R : This writ petition has been instituted by a teacher, who retired from service of the Singareni Collieries Company Limited, seeking direction to the respondents to release the superannuation/terminal benefits; such as, coal miners provident fund, gratuity, sanction of 24 years scale of pay, earned leave encashment etc. 2. The learned counsel appearing for the writ petitioner, Sri T. Purshotham has submitted that the writ petitioner has retired from service on 31-03-2001 on attaining the age of superannuation and he has rendered nearly 25 years of continuous service from 04-6-1976 onwards. He has submitted that the company has agreed to pay gratuity on par with other employees of the Singareni Collieries Company Limited as per the decision taken by the Chairman and Managing Director while approving general rules for teaching and non-teaching staff of high schools and women college established by the Company, which were announced on 08-6-1978. 3. The learned counsel has pointed out that the coal miners provident fund, encashment of leave bonus etc., have been paid and that he has been paid the commutation value of his pension but he has not been paid the gratuity, which is payable to him as per the decision referred to supra. 4. The learned standing counsel for the Singareni Collieries Company, Ms. Uma has taken time to obtain specific instructions and produced copies of the orders through which payment of gratuity has been credited in favour of the writ petitioner as well as the payment of commutation value of the pension. Accordingly the learned counsel has produced copy of the gratuity payment order No. 06-06-47412, dated 04-9-2001 whereby a sum of Rs.1,58,400=00 has been sanctioned for payment by the Office of the Accountant General (A & E), Andhra Pradesh, Hyderabad. From a perusal of the gratuity payment order dated 04-09-2001, it becomes crystal clear that the writ petitioner has been paid a sum of Rs.1,58,400=00 representing the gratuity payable to him. The said amount has obviously been paid to the writ petitioner. Similarly from the Pension Payment Order dated 04-9-2001 issued by the Office of the Accountant General (A & E) Andhra Pradesh, Hyderabad the writ petitioner has been ordered to be paid a sum of Rs.2,40,999=00 being the commutation value of Rs.1920=00 of the pension. Thus, the writ petitioner has been sanctioned and paid the commutation value of a portion of his pension and he has also been paid gratuity. 5. The grievance of the writ petitioner has been redressed, as is evident from the above-mentioned proceedings, I do not consider that the cause in the writ petition would further survive. It is, therefore, not necessary to pronounce any further opinion in this writ petition. However, should the writ petitioner still feel aggrieved by the quantum of payment made towards gratuity or commutation value of his pension or the earned leave encashment components, it is always open to him to make a specific grievance by submitting a representation to the Singareni Collieries Company Education Society, which I am sure will be looked into and appropriately redressed within a period of three months thereafter. The copies of the pension payment order as well as gratuity payment order dated 04-9-2001 made available by the learned standing counsel, Ms. Uma, were taken on record. 6. The writ petition has been disposed off. No costs. ________________________________ Justice Nooty Ramamohan Rao. 29-03-2010. I s L THE HONOURABLE SRI JUSTICE NOOTY RAMA MOHAN RAO WRIT PETITION No. 2 4 0 8 9 OF 2002 Circulation Entry No.2 6 Date: 29-03-2010 COMPUTER No. 43 Court Master: I s L