THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO:21380 OF 2008 DATE:05.07.2011 BETWEEN P.ESWARAIAH. …PETITIONER AND THE COMMISSIONER & DIRECTOR, INTERMEDIATE EDUCATION & OTHERS …RESPONDENTS THIS COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO:21380 OF 2008 & W.P.M.P.NO:10073 OF 2011 ORDER: The present writ petition is filed by the petitioner seeking for a writ of mandamus to declare the action of respondents in not paying the retirement benefits including pension of his deceased mother who worked as Sweeper in the 3rd respondent-college for a period of 22 years i.e., since 1961 to 1983 in spite of several representations, as illegal, arbitrary and contrary to the provisions of A.P Pension Revised Rules and violation of Article 21 of the Constitution of India and consequently, to direct the respondents to pay the retirement benefits including pension to the petitioner in pursuance of the representations made by him dated 28.2.2008 and 11.8.2008. Heard. The case of the petitioner is that his mother was appointed as contingent employee in the year 1961 in the 3rd respondent college and subsequently, she was absorbed as Last Grade employee in the year 1981 and thereafter she was also sanctioned increments. While so on 24.3.1983, she met with an accident and she was hospitalized and she could not report duty due to grievous injuries and applied for medical leave. As the respondents did not respond to the representations made by his mother, she approached the Administrative Tribunal and filed O.A.No:11913 of 1990 seeking a direction to the respondents to pay the arrears of salary, invalid pension, gratuity and all retirement benefits treating the period of accident as if she was deemed to be in service. The said O.A was disposed of permitting his mother to apply for grant of medical leave and medical invalidation pension while directing the respondents- authorities to examine the same in accordance with law and Rules ignoring the circumstances that it was not done prior to her date of superannuation and pass appropriate orders within four months. Thereafter, his mother made several representations to the respondent to consider her case and release her retirement benefits. But, no orders have been passed till her death in the year 1991. Hence, he filed the present writ petition. Along with the writ petition, the petitioner also filed W.P.M.P.No:27947 of 2008 seeking for a direction to the respondents to pay the retirement benefits including pension to the petitioner, that are payable to his mother in pursuance of the representations made on 28.2.2008 and 11.8.2008. On 29.9.2008 while ordering rule nisi, this Court granted the following order in W.P.M.P.No:27947 of 2008: “There shall be interim direction to the respondents to consider payment of retrial benefits including pension as per eligibility of the petitioner’s deceased mother by considering the representations purported to have been made by the petitioner on 28.2.2008 and 11.8.2008 and pass appropriate orders within a period of four Weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.” In this case, no counter is filed. In the facts and circumstances of the case coupled with the fact that no orders have yet been passed on the representations in question, without expressing any opinion on the merits of the case, the writ petition is disposed of with the following observations: “In case the respondents failed to comply with the order passed by this Court on 29.9.2008 in W.P.M.P.No:27947 of 2008, they are directed to consider the payment of retirement benefits as per the eligibility of the deceased mother of the petitioner by considering the representations purported to have been made by the petitioner on 28.2.2008 and 11.8.2008 and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order and communicate the same to the petitioner.” In view of the same, W.P.M.P.10073 of 2011 is closed. ___________________ Justice G.Chandraiah Date:05.07.2011 gurc. THE HONOURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO:21380 OF 2008 DATE:05.07.2011