IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 19624 of 2004 Between: Sri K.V.V.Satyanarayana, s/o Sri Tata Rao, r/o H.No.4-3-3/2, Taravanipeta, Mandapeta-533 308, East Godavari District. ..... PETITIONER AND 1 The Managing Director, A.P.Dairy Development Co.operative Federation Limited, Lalapet, Hyderabad-500 017. 2 The General Manager, Godavari Co.operative Milk Producers Union Limited, Dairy Complex, Alcot Gardens, Rajahmundry-533 101. 3 The Government of Andhra Pradesh rep., by its Principal Secretary, Animal Husbandry and Dairy Development Fisheries (Dairy-II) Department, A.P.Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of the writ of mandamus, declaring the inaction of the respondents in not sanctioning and releasing the pension, gratuity and other terminal benefits of the petitioner, including his commuted value of pension, as illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to sanction and release his pensionary and other terminal benefits, including gratuity and commuted value of pension forthwith with interest at the rate of 18% per annum from the date of his retirement. Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: GP FOR ANIMAL HUSBANDARY The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 19624 of 2004 ORDER: The writ petition is filed by the petitioner seeking to issue an appropriate writ, order or direction, more particularly one in the nature of the writ of mandamus, declaring the inaction of the respondents in not sanctioning and releasing the pension, gratuity and other terminal benefits of the petitioner, including his commuted value of pension, as illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to sanction and release his pensionary and other terminal benefits, including gratuity and commuted value of pension forthwith with interest at the rate of 18% per annum from the date of his retirement. The case of the petitioner is that he was initially appointed in the Dairy Development Department on 21.01.1999 and rendered the service of nearly 34 years. During the year 1974, A.P. Dairy Development Corporation was formed by the Government of Andrha Pradesh and all the existing employees of the Dairy Development Department were transferred to the said Corporation. An option was given to the existing employees either to opt for service conditions of the Corporation or for the service conditions of Government as Government Employees. Therefore, the petitioner has opted to Government Service conditions. As the petitioner came to be worked in the 1st respondent Corporation and thereafter, the petitioner was retired from service by proceedings dated 7.7.2003 issued by the 1st respondent federation. He also says that as the petitioner opted for the Government Pension Scheme and Rules, the 2nd respondent on the retirement of the petitioner submitted pension proposal papers to the 1st respondent federation. But the 1st respondent federation failed to pass any orders on the papers submitted by the 2nd respondent. Therefore, he filed the present writ petition seeking direction to the respondent for not releasing the pension gratuity and other terminal benefits of the petitioner. The learned counsel appearing for the 1st respondent submits that the petitioner is the employee of the 1st respondent. Therefore, he has no liability on the part of the 1st respondent for releasing the pension papers. No counter has been filed by the respondent. Having regard to the submissions made in the writ petition and also having regard to the submissions made on behalf of the 1st respondent, I am of the view that the petitioner is a retired employee and so far he has not been paid the pension, gratuity and other terminal benefits. Therefore, in the interest of justice, the respondents are directed to consider the case of the petitioner for sanction and release of pension benefits and other terminal benefits including the gratuity and commuted pension according to law, within a period of two months from the date of receipt of the copy of the order. No costs. ____________________ Justice G. Chandraiah Date:30.6.2008 mrb