IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL No.298 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28/12/2007 in W.P.No.17922 OF 2006 on the file of the High Court) Between: Andhra Bank (Govt. of India Undertaking) Rep. by its Chairman & Managing Director, Saifabad, Hyderabad. ... APPELLANT AND 1 M. Malla Reddy S/o.Sri Sai Reddy Coop Society Ltd., Korvi, Warangal. 2 Registrar/District Cooperative Officer, Warangal. 3 Andhra Bank Farmer's Service Coop Society Ltd., Korvi rep. by its Managing Director, Korvi (M), Warangal District. (R.3 is a pro forma respondent only) ...RESPONDENTS Counsel for the Appellant: Dr. K. LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) Counsel for Respondent No.1: Mr. S. Laxma Reddy Counsel for Respondent No.2: G.P., Cooperation The Court made the following: Judgment: (Per Anil R. Dave, HCJ) This appeal has been filed against the judgment delivered in W.P.No.17922 of 2006, dated 28-12-2007. Being aggrieved by the judgment delivered by the learned single Judge in W.P.No.17926 of 2006, dated 28-12-2007, W.A.No.271 of 2008 had been filed at an earlier point of time. The same has been allowed by judgment dated 14-03-2008. As this appeal is also directed against the same judgment, i.e. the judgment dated 28-12-2007 delivered by the learned single Judge, this appeal is allowed in view of the reasons recorded in W.A.No.271 of 2008. 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 further 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. Learned Advocate appearing for the respondent-employee has submitted that the amount of gratuity has not been paid so far, and therefore, amount of interest should also be awarded in accordance with law. It would be open to the respondent concerned to approach the appellant with a request to make payment of interest on the amount of gratuity. We are sure that the said request will be duly considered in accordance with law. The writ appeal is allowed. No order as to costs. ________________ ANIL R. DAVE, CJ. _____________________ R. SUBHASH REDDY, J. August 7, 2008 MRR