IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 10999 of 1999 Between: G.Vasanth Reddy S/o Bucha Reddy R/o 11-2-56, Kanteshwar, Niazamabad. ..... PETITIONER AND A.P.State Agro Industries, Development Corporation Ltd., Rep. by its Vice Chairman & Managing Director, Hyderabad, 10-2-3, AC Guards, Hyderabad. .....RESPONDENT 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 order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondent in not paying the Voluntary Retirement Scheme benefits and other terminal benefits including the Gratuity on the revised basic pay of Rs.5770/- as on the date of retirement of the petitioner, i.e. 31-10-1997 is illegal and arbitrary; and consequently direct the respondent to pay the terminal benefits including the gratuity duly taking into account the revision of Basic Pay as on the date of retirement at Rs.5,770/- with consequential benefits and interest at 24% p.a. with effect from 1.11.1997 and grant such other relief or reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.G.VIDYASAGAR Counsel for the Respondent : MR.B.THIMOTHI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12495 OF 1999 Between: 1 P.Radhakrishna, S/o. Sri Ramana Rao, R/o. Hyderabad. 2 D.Prabahakar Rao, S/o. Late Devasahayam, R/o. Hyderabad. 3 C.Sadasiva Rao, S/o. C.Venkateswara Rao, R/o. Hyderabad. 4 J.Chandramouli Raju, S/o. Late Sri J.Venkata Raju, R/o. Hyderabad. 5 M.C.Balakrishnaiah, S/o. Late Venkataratnam Chetty, R/o. Hyderabad. 6 A.Subba Rao, S/o. Late A.Anjaneyulu, R/o. Hyderabad. 7 C.Somasekhara Rao, S/o. Late C.Mokhalinga Swamy, R/o. Hyderabad. 8 V.N.Mahindrakar, S/o. Late N.B.Mahindrakar, R/o. Hyderabad. 9 D.N.Krishna, S/o. Late D.S.Raja Rao, R/o. Hyderabad. 10 K.Surya Rao, S/o. K.Appanna Chetty, R/o. Hyderabad. 11 K.Balakrishna, S/o. Late K.Suryanarayana, R/o. Hyderabad. 12 V.Satyanarayana, S/o. Late V.Venkateswarulu, R/o. Hyderabad. 13 E.Venkata Swamy, S/o. Late E.Linganna Goud, R/o. Hyderabad. 14 S.P.V.Ranga Rao, S/o. Late Krishna Murthy, R/o. Hyderabad. 15 G.Durga Prasad, S/o. Late G.V.Subba Rao, R/o. Hyderabad. 16 C.Adinarayana, S/o. Ch.Rama Murty, R/o. Hyderabad. 17 M.V.Ramana Rao, S/o. Narasimha Rao, R/o. Hyderabad. 18 K.N.S.Krishna Kumar, S/o. Madhava Rao, R/o. Hyderabad. 19 K.Pulla Rao, S/o. K.Yellamanda, R/o. Hyderabad. 20 V.Bala Raja, S/o. Late Venkatesham, R/o. Hyderabad. 21 G.Gopalakrishna, S/o. G.Satyanarayana, R/o. Hyderabad. 22 M.Parameshwara Reddy, S/o. M.Thirupam Reddy, R/o. Hyderabad. 23 Y.Umakanta Rao, S/o. Late Venkataramaiah, R/o. Hyderabad. 24 N.V.S.Subba Rao, S/o. Venkata Ramana Murthy, R/o. Hyderabad. ..... PETITIONERS AND 1 A.P.State Agro Industries Development Corporation Ltd., Rep. by its Managing Director, Agro Bhavan, 10-2-3, A.C.Guards, Hyderabad-500 004. 2 Government of Andhra Pradesh Rep. by its Principal Secretary, Food & Agriculture, Secretariat, Hyderabad. 3 Commissioner Public Enterprises Management Board, Government of Andhra Pradesh, Secretariat, 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 will 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 implementing Section 4(3) of the payment of Gratuity Act as amended by Act 11/98 with effect from 24.9.1997 as illegal and arbitrary: and consequently direct the respondent-Corporation to calculate and arrange to pay the gratuity as per the amended provisions of Section 4 (3) of the payment of Gratuity Act subject to a maximum of Rs.3,50,000/ together with interest as per Section 7 (3-A) of the payment of Gratuity Act and costs: and pass such further or other orders as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.G.VIDYASAGAR Counsel for the Respondents: MR.ABHINAND KUMAR SHAVILI The Court made the following : THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NOs.10999 AND 12495 OF 1999 C O M M O N O R D E R The grievance of the petitioners in both these writ petitions is with regard to payment of terminal benefits by their erstwhile employer- A.P.State Agro Industries Development Corporation Limited. The learned counsel appearing for the respondent - A.P.State Agro Industries Development Corporation Limited submitted that the terminal benefits payable to the petitioners and others similarly situated have already been paid and produced proceedings in support of the said statement. Taking note of the said submission, the writ petitions are dismissed leaving it open to the petitioners herein to agitate their claims, if any, before the appropriate forum, in the event they are dissatisfied with the payments aforestated made by the respondent Corporation. There shall be no order as to costs. -------------------------- SANJAY KUMAR,J 23rd JULY, 2009. PGS