IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE SIXTEENTH DAY OF APRIL, TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4533 of 2008 Between: Mr. Y.L.N. Kumar S/o Sri Y.L. Narsimhulu Petitioner AND 1. Khadi and Village Industries Commission 3, IRLA Road, Vile Parle West) Mumbai- 400 056 rep by its Chief Executive Officer. 2. The Director (Administration-Pension) Khadi and Village Industries Commission 3, IRLA Road, Vile Parle (West) Mumbai-400 056. 3. The Director, State Office, Khadi and Village, Industries Commission, Gandhi Bhavan, MJ Road, Hyderabad. .....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 an order direction or Writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the respondents in not releasing the pensionary and other terminal benefits to which the petitioner is entitled to as on the date of retirement i.e., 3-7-2007 as illegal, arbitrary and consequently direct the respondents to release the retirement benefits including pension to which the petitioner is entitled to w.e.f., 3-7-2007 with costs and interest. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court 14-03-2008 made herein and upon hearing the arguments of Sri G. Vidyasagar, Advocate for the Petitioner and of Sri Satyam Reddy, Advocate on behalf of the Respondent No. 3, the Court made the following (Contd. 2. ) . 2 . ORDER: “The petitioner took voluntary retirement by filing an application on 04.01.2007. The first respondent promptly accepted the offer, vide letter, dated 29.06.2007. However, till today, no amount was paid to the petitioner, be it, towards pension, or any other benefit. This Court passed an order, dated 14.03.2008, directing the respondents to release the amount payable to the petitioner, on account of voluntary retirement, within a period of two(2) weeks, or to state the reasons for not releasing the same. Today, a counter affidavit it filed by the third respondent on behalf of respondents 1 to 3. No reason, worth its name, is mentioned for not releasing the retirement benefits to the petitioner, so far. On the one hand, the application of the petitioner was accepted for voluntary retirement and on the other, it is stated in the counter affidavit that the pensionery benefits were withheld for proper re-examination of the whole issue. In case, the respondents are of the view that the application for voluntary retirement submitted by the petitioner is defective, they ought to have continued the petitioner and paid the salary. This Court takes a serious view of the matter and it is directed that the respondents shall release the retirement benefits, or the salary, to the petitioner, within a period of ten (10) days from today. Since there is non – compliance on an earlier occasion, the feasibility of stoppage of the salary of the third respondent shall be considered, in case the above direction is not complied with. Post on 28.04.2008 in the motion list.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Chief Executive Officer, Khadi and Village Industries Commission 3, IRLA Road, Vile Parle West) Mumbai- 400 056 2. The Director (Administration-Pension) Khadi and Village Industries Commission 3, IRLA Road, Vile Parle (West) Mumbai-400 056. 3. The Director, State Office, Khadi and Village, Industries Commission, Gandhi Bhavan, MJ Road, Hyderabad. 4. One CC to Sri G.Vidyasagar, Advocate (OPUC) 5. One CC to Sri Satyam Reddy, Advocate (OPUC) 6. One CC to Sri B. Rajendra, Advocate (OPUC) BV Form-NIC-IGS/WP {TRT}