IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.1721 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against order dated 16.6.2008 in WPMP.No.15479 of 2008 in Writ Petition No.12013 of 2008) Between: 1. Mishra Dhatu Nigam Limited, (A Govt. of India Enterprise), Kanchanbagh, Hyderabad, represented by its Chairman & Managing Director. 2. Director (Prodn. & Mktg.) and Disciplinary Authority, MIDHANI, Kanchanbagh, Hyderabad. 3. General Manager (P& A/M), MIDHANI, Kanchanbagh, Hyderabad. …Appellants And Sri K.R. Bhsole …Respondent Counsel for the appellants : Ms. G. Sudha Counsel for the respondent : Sri V. Srinivas The Court passed the following: JUDGMENT: (Per Anil R. Dave, C.J.) In this appeal, interim order dated 16th June, 2008 passed in WPMP.No.15479 of 2008 in Writ Petition No.12013 of 2008 has been challenged. The respondent was an employee, who was punished, and as a result thereof, he was compulsorily retired. The question was with regard to payment of gratuity and leave encashment to the respondent by the appellant employer. By virtue of the afore-stated order, the learned Single Judge has directed the appellant to make payment of gratuity and leave encashment, which the respondent employee would not have got in the event of his being compulsorily retired. The question with regard to validity of the punishment is still under scrutiny of the learned Single Judge. Looking to the facts of the case, we find that the interim order would amount to allowing the petition and we direct that the respondent employee shall submit a Fixed Deposit Receipt (FDR) of equal amount with the appellant employer and shall execute a letter to the effect that he would not get the FDR encashed till further orders of this Court. Upon deposit of such FDR, the appellants shall make payment as directed by the learned Single Judge. In view of the above order, the appeal stands disposed of with no order as to costs. ANIL R. DAVE, C.J. 10th December, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1. Two C.D. copies. ARS