IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14781 OF 2011 Between: Shri N. Dasaratha Reddy ..... Petitioner AND The Electronic Corporation of India Ltd., Rep. by its Dy. General Manager (Personal) CND, ECIL, Hyderabad 62. ..... Respondent The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14781 OF 2011 ORDER: This Writ Petition is filed to declare the action of the respondent in not releasing all terminal benefits and other payments as illegal and arbitrary. 2. The grievance of the petitioner is that inspite of acquittal ordered by the III Additional District & Sessions Judge (Fast Track Court), Ranga Reddy District, in S.C.No.128 of 2007, no orders have been passed with regard to his terminal benefits and thereafter he gave a representation to the respondent on 03.11.2010 for giving the terminal benefits viz., gratuity, leave encashment, salary, etc. to him. 3. No doubt, the petitioner was acquitted by the competent Court for the charge under Sections 498-A and 304 IPC and admittedly no appeal has been preferred against the said judgment. But, at the same time, appropriate decision has to be taken by the respondent in accordance with law, whether the disciplinary authority has to treat the period of absence or the suspension period as spent on duty or not. Unless there is infringement of legal or statutory right, the question of giving any direction or writ in the nature of mandamus does not arise. Unless the suspension period is treated as spent on duty by the competent authority, his terminal benefits cannot be determined or ascertained. Therefore, the Writ Petition is devoid of merit and is liable to be dismissed. 4. Hence, the Writ Petition is dismissed giving liberty to the petitioner to approach the respondent to seek the redressal of his grievance by filing necessary application and thereafter, appropriate decision has to be taken by the disciplinary authority with regard to that period and ascertain the retirement benefits payable to the petitioner thereafter. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 7th June, 2011 KL HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14781 OF 2011 7th June, 2011 KL