IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.17359 OF 2011 Date:23.06.2011 Between:- Vadali Anantha Rama Sastry, rep.by his wife Vadali Venkata Padmavathi .. Petitioner And The Executive Director, BHEL, Ramachandrapuram, Medak District and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.17359 OF 2011 ORDER: This writ petition is filed seeking to issue a writ of mandamus declaring the action of respondent Nos.1 to 4 in not paying retirement benefits like gratuity, provident fund, partial salary during sickness and other benefits like medical reimbursement, group accidental insurance amounts, retired employees medical benefit/card, service certificate, memorandum of service and the amounts from BHEL ECCS from the respondents’ Organization and retiring the petitioner from service from 24.02.2011 as arbitrary and against the principles of natural justice and consequently direct respondent Nos.1 to 4 to release the retirement benefits without any delay. 2. The brief facts that are necessary for the disposal of the present writ petition may be stated as follows: The petitioner retired as a Senior Technician in the respondent organization on 24.02.2011. Prior to his retirement, on 19.10.2003, group of persons employed in BHEL, Ramachandra Puram along with outsiders assaulted him and he sustained head injury and has been suffering with mental derangement/dis-orientation. Immediately, he was admitted at BHEL General Hospital, Ramachandrapuram, Hyderabad and later, shifted to Apollo Hospital Enterprise Ltd., Hyderabad wherein he was operated for his brain under Medical Legal Case. A crime was registered under Section 337 I.P.C., vide Cr.No.219 of 2003. The petitioner identified the persons who assaulted him prior to which the police closed the above case. He filed a separate requisition to reopen the case but the matter is still pending. The certificate issued by the Department of Neurology, Apollo Hospital, Hyderabad discloses that the behaviour of the petitioner is changed. From the date of assault on the petitioner till date, the mental behaviour of the petitioner is completely changed. When the petitioner was undergoing treatment at Apollo Hospital, Hyderabad, respondent No.4 sent a letter dated 05.12.2005 terming the absence of the petitioner as an unauthorized absence from 19.10.2003 for which, the wife of the petitioner got issued a reply on 16.12.2005 requesting respondent No.4 to consider the medical certificates of the petitioner and continue the petitioner in service. On 28.03.2006, she made a further request to respondent No.4 to release the medical reimbursement bills, staff benefit fund/group accidental insurance claim but in vain. On 02.02.2011, vide letter No.101:HR:1813056 under Office Order:RET/1013/40/2011, respondent No.2 informed the date of superannuation of the petitioner. As per the said order, the petitioner retired from service on 24.02.2011. The respondent authorities, without settling the retirement benefits like gratuity, provident fund, partial salary during sickness and other benefits like medical reimbursement, group accidental insurance amounts, retired employees medical benefit card, service certificate, memorandum of service and the amounts from BHEL ECCS subjected the petitioner to superannuation. Till the date of filing of this writ petition, no amounts are released by the respondent authorities. So the wife of the petitioner issued a letter on 05.05.2011 to respondent Nos.1, 2 and 4 requesting them to release the said amounts for which respondent No.2 issued a reply on 13.05.2011 that the retirement benefits will be deposited in the bank account of the petitioner and further directed the petitioner to collect the pay slip and pay 50% of the basic pay to obtain RECHS card. 3. The petitioner is a retired employee and unable to move from bed. According to the learned counsel for the petitioner, the wife of the petitioner made a representation to the respondents on 05.05.2011 to release the retirement benefits like gratuity, provident fund, partial salary during sickness and other benefits like medical reimbursement, group accidental insurance amounts, retired employees medical benefit/card, service certificate, memorandum of service and the amounts from BHEL ECCs, to which a retired employee is entitled to. Hence, respondent No.1 is directed to take appropriate decision on the representation, dated 05.05.2011, of the wife of the petitioner by name Vadali Venkata Padmavathi, W/o.Vadali Anantha Rama Sastry, Retired Employee in BHEL, Staff No.1813056, Department-333.0 (Factory-Civil), BHEL Ramachandrapuram Unit, Hyderabad, now residing at BHEL MIG-37, Phase-I, Ramachandrapuram, Medak District, Hyderabad-502032 and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order and communicate the same to the wife of the petitioner. 4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 23rd June, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.17359 OF 2011 Date:23.06.2011 AMD