IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10970 of 2003 Between: 1. N.V.S.S. Someshwara Rao, S/o. Late N.Narasimha Rao, R/o. Opp.Surya Apartments, Tanuku, West Godavari District. 2. N.Nageswara Rao, S/o. Late N.Varayya, R/o. H.No. 20-89-A/92, 20th Ward, Dhanialupet, Gudiwada, Krishna District. 3. G.Bhimeswara Rao, S/o. Late G.Venkatachalam, R/o. D.No.16-7-1/A, M.M.Road, Ramachandrapuram, East Godavari District. ..... PETITIONERS AND 1 The Managing Director, A.P.Dairy Dev.Co-op Federation Ltd., Aandhra Pradesh Dairy Development Cooperative Federation Ltd Lalapet, Hyderabad. 2 The General Manager., Godavari Co-Operative Milk Procedures Union Ltd, Alcot gardens, Rajahmundry, East Godavari District. 3 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Animal Husbandry & Dairy Development, Fisheries (Dairy- II) Department, 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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not sanctioning and releasing the pension including the commuted value of pension to the petitioners, as illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent to sanction and release the pensionary beneﬁts including commuted value of pension forthwith with interest at the rate of 24% p.a. from the date of retirement and to pass Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: M.DILIP RAO(SC FOR APDDCFL) The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 27182 of 2003 Between: 1. K.Reddy, S/o. Appalaswamy, R/o. 40-13-15, Mangalavarapupeta, Near Sai Krishna Talkies, Rajahmundry-533101 2. G.Bhagavan Rao, S/o. Krishnadas, R/o. 90-2-12, Swarajyanagar, Near Milk Project, Rajahmundry- 533101 3. S.Kutubuddin, S/o. Mastan, R/o. 18-84, Cottonpeta, Dowleshvaram 533125, East Godavari District. 4. D.Satyanarayana, S/o. Simhadri, R/o. 5-1-4, Suryaraopeta, Near LPT Public School, Kakinada 533 001 5. K.Arjunudu, S/o Narasimhulu, R/o. 3-440, Ramakrishna Nagar, Hukumpet Panchayat, Rjahmundry Rural Mandal, East Godavari District. ..... PETITIONERS AND 1 The Managing Director, Andhra Pradesh Dairy Development Co-op. Federation Limited, Lalpet, Hyderabad. 2 The General Manager, Godavari Coop. Milk Producers Union Limited, Dairy Complex, Alcot Gardens, Rajahmudry 533101 3 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Animal Husbandry and Dairy Development Fisheries (Dairy-II), Department, AP 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 a writ or 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 and other terminal beneﬁts, including gratuity and the comuted value of pension to us, as illegal, arbitary, unjust and unconstituional of India and consequently direct the respondents to sanction and release the pensionary and other beneﬁts, including gratuity and commuted value of pension forthwiht with interest at the rate of 24% per annum from the date of their retirement and Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: MR.P.SRINIVAS (SONA) The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 12566 of 2005 Between: Sri K. Parameswara Rao, S/o. Sri Venkateswara Rao, R/o. D.No. 48-16-2, Mahanadu Road, Nagarjuna Nagar, Vijayawada - 520 008 ..... 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, Rajamundry - 533 101. 3 The Government of Andhra Pradesh, Represented by its Principal Secretary, Animal Husbandry and Dairy Development Fisheries (Dairy-II) Department A.P. Secretariate, 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 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 Constitutional, 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 and to pass such other order(s) as may be deemed ﬁt and proper on the facts and in the circumstances of the case and render justice Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: GP FOR ANIMAL HUSBANDARY The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 16247 of 2005 Between: SRi.P.Parameswara Rao, S/o.Late.Sri Appa Rao, R/o.H.No.2-42/72/1, I.L.T.D. Junction, Alcot Gardens, Rajahmundry-533 101. ..... PETITIONER AND 1 The Managing Director, A.P.dairy Development Cooperative Federation Ltd., Lalapet, Hyderabad-500017. 2 The General Manager, Godavari Cooperative Milk Producers Union Ltd., Dairya Complex, Alcot Gardens, Rajahmundry-533 101. 3 The Govt of A.P., Rep by its Prl.Secretary, Animal Husbandry and Dairy Development Fisheries, (Dairy-II) Department, A.P.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 appropriate writ, order or direction more particularly one in the nature of 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 unconstitutional, being violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondentsto 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 and to apss such other order or orders. Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: M.DILIP RAO(SC FOR APDDCFL) The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 20023 of 2005 Between: Sri I.Satyanandam, S/o.Late Sri I.Butchaiah, R/o.h.No.17-5, Behind Government Hospital, Dowleswaram- 533 125, E.G.district. ..... PETITIONER AND 1 The Managing Director, A.P.Dairy Development Cooperative Federation Ltd., Lalapet, Hyderabad-500 017. 2 The General Manager, Godavari Cooperative Milk Producers Union Ltd., Dairy Complex, Alcot Gardens, Rajahmundry-533 101 3 The Govt of A.P., Rep by its Prl.Secretary, Animal Husbandry and Dairy- Development Fisheries (Dairy-II) Department A.P. 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 appropriate writ, order or direction, more particularly one in the nature of 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% perannum from the date of his retirement and to pass such other order or orders. Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: MR.N.RAJESWAR RAO The Court made the following : COMMON ORDER: The W.P. Nos.10970, 27182 of 2003, 12566, 16247 and 20023 of 2005 have been ﬁled by the petitioners seeking Writ of Mandamus to declare the inaction of the respondents in sanctioning and releasing the pension to the petitioners as illegal, arbitrary, unjust and unconstitutional, being violative of Article 14 and 21 of the Constitution of India and consequently to direct the respondents to sanction and release the pensionary beneﬁts including commuted value of pension forthwith with interest at the rate of 24% per annum from the date of retirement. Since the facts and circumstances and the relief sought for in the said writ petitions are one and the same, these writ petitions can be disposed of by this common order. The case of the petitioners is that they are the employees of the Government and subsequently they were absorbed in the 2nd respondent-Godavari Co-operative Milk Procedures Union Limited. The Government issued necessary orders protecting their pay. The petitioners opted for Government service conditions that are applicable to the Government employees. Now the petitioners have been retired from the service of the 2nd respondent. Since the petitioners were not paid pensionary beneﬁts along with other terminal beneﬁts, they approached this Court. Learned counsel appearing for the petitioners submitted that pursuant to the order dated 31-07-2003 passed in WPMP. No.13711 of 2003 by this Court, pensionary beneﬁts have been paid but not all terminal benefits like gratuity etc. Learned counsel appearing for the 1st respondent submitted that since the petitioners have been retired from the service of the 2nd respondent, it is obligatory on the part of the 2nd respondent to pay the terminal beneﬁts but not the 1st respondent. During the course of hearing, the learned counsel placed a copy of the G.O. Ms. No.18 dated 14-03-2006 issued by the Principal Secretary to Government, Animal Husbandry, Dairy Development and Fisheries (DY.II) Department, wherein clause 2 prescribes as follows: “2. In view of the circumstances explained by the Managing Director, APDDCF Ltd. in his letter vide reference 10th read above and after careful examination of the matter Government hereby issue the following order. (a) The pension from the month of March, 2006 to the former Government employees who were absorbed into APDDCF Ltd. will be paid from the State Treasury Department based on the Pension Payment Orders/Gratuity payment orders/commutation payment orders etc. issued by th Officer not below the rank of Dist.Audit Officer as designated by the Director of State Audit. (b) The outstanding dues relating to D.R / I.R. Commutations and Gratuity etc. to the pensioners shall be arranged through the Treasury after due veriﬁcation by the State Audit Deptt. All the required details will be provided by the Managing Director, APDDCF Ltd. to a Team of Oﬃcials deputed from the State Audit Deptt. for this purpose. (c) The Director of State Audit is authorized to release all the monetary beneﬁts to the retired employees who were absorbed in A.P.D.D.C.F. Ltd. on par with the Government pensioners as stipulated in A.P. Revised Pension Rules, 1980 as amended from time to time. (d) The Director of State Audit is also authorized to issue Pension Payment Orders on the lines as suggested above in respect of similar employees of the Corporation retiring on and from 28-02-2006, while following the procedure prescribed for other government employees in G.O. Ms. No.102, Fin & Plg. (FW.PSC.II) Dept. dt.6.4.1979. (e) The Director of State Audit will communicate the Federation and Dist. Unions amounts to be remitted by them to Govt. Head of account towards future pension contributions in respect of employees in service. The Head of Account for pension contribution is : 0071 - Contributions&Recoveries towards Pension &other Retiral benefits. 01 - Civil MH 101 - Subscriptions & Contributions SH (81) - Other contributions. (f) The Payment of unavailed leave salary shall be arranged by the Dist. Union /Federation on their retirement. (g) Payment of amounts outstanding with the LIC in respect of gratuity policy pertaining to the government employees the same as on date has to be worked out, withdrawn from the LIC and remitted to the Government account Heard the learned counsel and perused the material on record. From a perusal of the record, it is obvious that on 31-07- 2003 this Court while issuing Rule nisi passed the following interim direction in WPMP. No.13711 of 2003: “In similar identical matter in Writ Petition No.13830 of 2002, this Court, while disposing of the said Writ Petition by order dated 24-9-2002, directed the ﬁrst respondent therein to pay the amount of pension due and payable to the petitioners therein. The issue that falls for consideration in the present Writ Petition is also identical to the issue raised in the above said Writ Petition and though earlier time was granted, no counter has been ﬁled on behalf of the third respondent so far. As such, there shall be interim direction to the respondents to release the pension and pensionary beneﬁts due to the petitioners, including commuted value of pension within a period of four weeks from the date of receipt of a copy of this order.” Having regard to the facts and circumstances of the case and in view of the submissions made by the learned counsel that pursuant to the interim order that the petitioners’ pensionary beneﬁts have been settled, the respondents are directed to ﬁnalise the payments of terminal beneﬁts to the petitioners, in the same process in which their pensionary beneﬁts have been settled, in accordance with law, within a period of two months from the date of receipt of a copy of this order. In the result, with the above direction, the Writ Petitions are disposed of. There shall be no order as to costs. ______________________ JUSTICE G. CHANDRAIAH Date: 31-07-2008 LSK