IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 271 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28/12/2007 in WP NO : 17926 OF 2006 on the file of the High Court.) Between: Andhra Bank Farmers Service Co-Op. Society Ltd., Korvi, rep. by its Managing Director, Korvi (M), Warangal District. ..... APPELLANT AND 1 D. Rangaiah S/o Sri laxminarasaiah Andhra Bank Farmer's Servcie Co-op society Ltd., Korvi, Warangal. 2 Registrar/District Cooperative officer, Warangal. 3 Andhra Bank, (Government of India Under Taking) rep by Chairman and Managing Director, Saifabad, Hyderabad. .....RESPONDENT(S) Counsel for the Appellant: DR.K.LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) Counsel for the Respondents: GP FOR COOPERATION The Court made the following : HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE R. SUBHASH REDDY W.A.NO. 271 OF 2008 ORDER: (Per Anil R. Dave, HCJ) Admit. At the request of learned advocates, the writ appeal is heard and finally disposed of. The short question involved in this writ appeal is whether respondent No.1 should be paid amount of gratuity payable to him in addition to Rs.50,000/- which has already been paid to him under Group Gratuity Life Assurance Scheme. The appellant-employer has already paid Rs.50,000/- by way of gratuity under Group Gratuity Life Assurance Scheme to respondent No.1 upon his retirement. The said amount is definitely less than the amount which is payable to respondent No.1. The learned single Judge has directed the appellant to make payment of gratuity without adjusting the amount of Rs.50,000/- which has already been paid to respondent No.1. The learned advocate appearing for respondent No.1 has fairly submitted that the amount which has already been paid by way of gratuity should have been adjusted against the entire amount payable to respondent No.1. In the circumstances, it is directed that from the total amount payable to respondent No.1 by way of gratuity, the amount of Rs.50,000/- which has already been paid shall be adjusted and only the remaining amount of gratuity shall be paid to respondent No.1. It is directed that the remaining amount of gratuity shall be paid to respondent No.1 within six weeks from today. The order of the learned single Judge is modified to the extent indicated above. The writ appeal is allowed. No order as to costs. ________________ ANIL R. DAVE CJ ___________________ R. SUBHASH REDDY J Dt.14.3.2008 KR ........REGISTRAR To 1. Registrar/District Cooperative officer, Warangal. 2. Andhra Bank, (Government of India Under Taking) rep by Chairman and Managing Director, Saifabad, Hyderabad. 3. 2 CCs to GP for Co-Operation, 4.2 CD copies Form-NIC-OGS/WA {TRT}