IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.4718 of 2005 Between: J.Subba Rao S/o.Kodanda Ramaiah, Hindu R/o.Konerupeta, Nuzividu, Krishna District. ..... PETITIONER AND 1 The General Manager, The Krishna District Cooperative Central Bank Ltd., Machilipatnam. 2 The District Collector (Cooperation), Krishna District at Machilipatnam. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more fully in the nature of writ of Mandamus directing the respondents herein to release and pay all retirement benefits of the petitioner such as gratuity, surrender leave, enhanced Dearness Allowance, Group Insurance etc., along with interest at the rate of 24% P.A. forthwith by declaring the action of the respondents in not doing so as illegal, arbitrary and pass such other order or orders. Counsel for the Petitioner: SMT.K.SESHARAJYAM Counsel for the Respondent No.1: MR. B. ADINARAYANA RAO Counsel for the Respondent No.2: GP FOR COOPERATION The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.4718 OF 2005 ORDER: This writ petition is filed seeking a Mandamus directing the respondents to release all the retirement benefits of the petitioner such as gratuity, surrender leave, enhanced Dearness Allowance, Group Insurance etc., along with interest at the rate of 24% per annum. The petitioner is stated to have retired from the service of the Krishna District Cooperative Central Bank Limited at Hanuman Junction, in the capacity of Assistant Manager. According to him, while he was in service, he was appointed as Inspecting Officer to conduct special inspection of two primary agricultural cooperative societies namely Kakulapadu P.A.C.S. and Kanumolu P.A.C.S. and was asked to submit reports by 20.03.2003 and 28.03.2003, which was subsequently extended to 15.04.2003. However, due to ill health, the petitioner could not undertake the inspection and, to that effect, he made representations to the authorities and requested them to relieve him of the duty of inspection. While that being so, he retired from the service of the Bank with effect from 30.06.2003, on attaining the age of superannuation. But, his retirement benefits have not been paid and, on 08.08.2003, the 1st respondent- General Manager of the bank, issued a memo stating that failure of the petitioner to conduct the inspection amounts to disobedience of the orders of the 2nd respondent- District Collector (Cooperation), Krishna District, and dereliction of duties, and directed the petitioner to show cause as to why the inspection of those two societies be not done by some other officer at the cost of the petitioner. Thereupon, the petitioner requested the 1st respondent to permit him to conduct inspection under special authorization, as he has already retired from service. But, without considering the same, the respondents have arbitrarily withheld his retirement benefits. Several representations stated to have been made by the petitioner seeking release of his retirement benefits went in vain. Hence, this writ petition. There is no necessity of gong into all the details. Learned counsel appearing for the petitioner states that, during the pendency of the writ petition, on 11.04.2005, the respondents have paid all the retirement benefits of the petitioner including gratuity. However, learned counsel contends that though the petitioner retired from service with effect from 30.06.2003, the retirement benefits have been paid on 11.04.2005 i.e. nearly after two years of the retirement and, thus, the petitioner is entitled to receive interest for the said period, on the gratuity amount atleast. This Court is not inclined to go into the aspect of the entitlement of the petitioner for interest on the delayed payment of gratuity. It is open for the petitioner to submit a representation before the appropriate authority seeking interest on the delayed payment of gratuity and, on such representation, if any, the authorities shall consider the same and pass appropriate orders as per law. The writ petition is, accordingly, closed. No costs. _________________ JUSTICE C.V. RAMULU 1st May, 2008. IBL To 1 The General Manager, The Krishna District Cooperative Central Bank Ltd., Machilipatnam. 2 The District Collector (Cooperation), Krishna District at Machilipatnam. 3 Two CD copies