THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9622 of 2009 ORDER: 1 The Petitioner, who worked as Plantation Manager in the Respondent Corporation, retired from service on 31.05.2008 from Medak region on attaining the age of super annuation. As the gratuity and GLIC were not paid to the petitioner, despite several representations made by him, he approached this court and filed the present Writ Petition. 2 Though sufficient opportunity was given to the respondent authorities, as the respondent authorities have neither filed a counter affidavit nor made any representation, this court, taking a serious view of the matter, passed an order on 10.07.2009 stating that the respondents shall not draw any salary and allowances until further orders. 3 Pursuant to the said order passed by this court, and as the respondent authorities are heavily effected, they came forward and filed W.V.M.P.No.2256 of 2009 seeking vacation of the said order dated 10.07.2009. In the affidavit filed in support of the said vacate stay petition, it is stated that the earlier order dated 12.06.2009 directing the respondent authorities to file counter within four weeks was never served upon them and it is further stated in the counter affidavit that the petitioner was paid an amount of Rs.21,59,430-50 towards 31 estimates and similarly Rs.10,06,217- 80 towards 46 completion reports. But however, as he failed to submit the 31 estimates and 46 completion reports, the said amount towards gratuity and GLIC was withheld. It is further stated that it is purely because of the non service of the notice issued by this court and the non submission of the said estimates and completion reports by the petitioner the said amount towards gratuity and GLIC was not paid to the petitioner for which they should not be heavily penalized. 4 Heard both sides. 5 Having considered the statements advanced by both the counsel and perusing the material available on record, it is clear that the petitioner was in total paid an amount of Rs.31,65,648-30 and the only amounts that are to be paid are gratuity and GLIC. Having paid a total sum of Rs.31,65,648-30, it cannot be said that the respondent authorities have intentionally not paid the amount about Rs.3 lakhs towards gratuity and GLIC and the reason assigned for withholding the said amount appears to be genuine. But, however, withholding of the said amount without informing the petitioner that he has not submitted the said estimates and completion reports, in my considered view, is incorrect. 6 In that view of the matter, the respondent authorities are hereby directed to inform the petitioner in writing to submit the 31 estimates and 46 completion reports (for which the amounts were already paid) within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said proceedings, the petitioner may offer his explanation within a period of two weeks thereafter and it is for the respondent authorities to consider the said explanation to be offered by the petitioner, in accordance with law, within a period of two weeks thereafter. 7 With the above observations and directions this Writ Petition is disposed of. No order as to costs. --------------------- 29.07.2009 kvsn