IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10054 of 2004 Between: A. Rajamouli, S/o. A. Raghupathy, R/o. Sircilla, Sircilla (Post & Mandal), Karimnagar District. ..... PETITIONER AND The General Manager, The Karimnagar District Co-operative, Central Bank Ltd. Karimnagar District. .....RESPONDENT 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 to issue a writ, or direction more particularly in the nature of writ of Mandamus declaring the inaction of the respondent in payment of Graguity and Encashment of earned leave to the petitioner which is illegal, arbitrary and contrary to the Memorandum of settlement and payment of Graguity Act 1972 and consequently direct the respondent to pay the amounts of Gratuity and Encashment of earned leave along with interest at the rate of 12% to the petitioner and pass Counsel for the Petitioner:MR.S.SIVA PRASAD Counsel for the Respondent: MR.P.SRINVIAS The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondent in payment of gratuity and encashment of earned leave to him, as illegal and arbitrary and consequently to direct the respondent to pay the said amounts along with interest @ 12% per annum. It is the case of the petitioner that he was appointed as supervisor in the District Co-operative Central Bank, Karimnagar on 02.09.1966 and was retired as In-charge Manager of Sircilla Branch of District Co-operative Central Bank on 30.11.2003. It is stated that as the petitioner was retired from service on attaining the age of superannuation, the amount due under the provident fund and group insurance were paid to him, but the respondent- bank failed to pay the gratuity and leave encashment amount. It is stated that the petitioner is eligible for gratuity for 20 months salary and he is also entitled for encashment of earned leave of 8 months salary and the total amounts come to more than Rs.4,00,000/-. This Court while admitting the writ petition, by order dated 06.08.2004 in W.P.M.P.No.12773 of 2004, directed the respondent-General Manager, the Karimnagar District Co-operative Central Bank Limited, Karimnagar to pay gratuity amount payable to the petitioner in accordance with rules within a period of eight weeks from the date of receipt of a copy of that order, if not already paid. It is stated that pursuant to the said order, an amount of Rs.2,84,437/- towards gratuity has been paid to the petitioner on 21.07.2004. Insofar as the eligibility of encashment of earned leave is concerned, it is stated that an enquiry has been contemplated for the alleged irregularities said to have been committed by the petitioner. In the circumstances of the case, if any disciplinary proceedings are contemplated against the petitioner, it is open for the respondent-Bank to continue the same, even after the retirement of the petitioner. Without passing a surcharge order and fixing the liability, the question of withholding the encashment of earned leave of the petitioner does not arise. However, having regard to the facts of the case, as the respondent has already paid gratuity amount to the petitioner and only encashment of earned leave is said to have been withheld, the writ petition is disposed of directing the respondent to complete the enquiry, if any, pending against the petitioner, within (90) days from the date of receipt of a copy of this order. If no adverse order is passed against the petitioner for withholding the eligibility of encashment of earned leave, the said encashment of earned leave shall be paid to him within (30) days thereafter. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:15.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}