IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 9138 of 1999 Between: K.V.Sriramam, S/o. Late Satyanarayana Sarma, Bayyannagudem, Via Koyyalagudem, West Godavari District. ..... PETITIONER AND 1 A.P. Generation Corporation Limited, Rep. by its Director, Vidyut Soudha, Somajiguda, Hyderabad. 2 State of A.P., Rep. by its Secretary. Irrigation and Power Department at Secretariat, Hyderabad. 3 The Chief Engineer, Electricity Projects, A.P. Generation Corporation Ltd., Vidyut Soudha, Somajiguda, Hyderabad. 4 The Superintending Engineer, Civil O&M., A.P. Generation Corporation Ltd., Mothugudem Camp Office, Upper Seleru, Visakhapatnam District. 5 The Executive Engineer, Civil Operation, A.P. Generation Corporation Ltd., Mothugudem Camp Office, Upper Seleru, Visakhapatnam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, orders or direction, declaring the action of the Respondents in not paying the pension, gratuity amount and other terminal beneﬁts to the petitioner, as illegal and arbitrary, by directing the respondents to forthwith ﬁx and pay the pension, gratuity and other terminal beneﬁts to the petitioner, taking into account the memo dated 30/10/1993 in Memo No. DS(R) DM VI/Reg/720/4-1/27/91-11 issued by the erstwhile A.P. State Electricity Board, award costs and pass such other order or orders as the Hon'ble Court may deems fit in the circumstances of the case. Counsel for the Petitioner: MR.K.RAGHUVEER REDDY Counsel for the Respondents: MR.P.R.BALARAMI REDDY (SC FOR AP T RANSCO) MR K.CHIDAMBARAM (SC FOR AP GENCO) The Court made the following Order: This Writ Petition is ﬁled seeking a declaration that the action of the Respondents in not paying the pension, gratuity amount and other terminal beneﬁts to the Petitioner is illegal and arbitrary and seeking a consequential direction to the Respondents to forthwith ﬁx and pay the same taking into account Memo dated 30.10.1993. I have heard the learned counsel for the Petitioner and the learned counsel for the Respondent-Organisation. The Petitioner claims to have retired as a Mechanic Grade II on attaining the age of superannuation of 58 years with eﬀect from 30.06.1996. His grievance is that the retirement beneﬁts including the gratuity, terminal beneﬁts and pension have not been paid to him by the Respondent-Organisation. The Respondents ﬁled the counter-aﬃdavit stating to the eﬀect that as the Petitioner had approached this Court by way of Writ Petition No. 3040 of 1993, no action could be taken to ﬁx the terminal beneﬁts of the Petitioner owing to the pendency of the said writ petition. Sri N. Sreedhar Reddy, Advocate appearing for the Petitioner has placed before me a copy of the Order dated 25.03.2004 in Writ Petition No. 3040 of 1993. A perusal of the same would show that the said Writ Petition was dismissed taking into account the fact that the Petitioner had served up to the age of 58 years pursuant to the interim order. In the light of the dismissal of the earlier Writ Petition, there is no obstacle to the Respondents to take necessary action to ﬁx the terminal beneﬁts of the Petitioner, which was stated to be the reason for their inaction in para 5 of the counter-aﬃdavit ﬁled in the present Writ Petition. Accordingly, the Writ Petition is disposed of directing the Respondents to take necessary action for ﬁxing and paying the terminal beneﬁts payable to the Petitioner within a period of four months from the date of receipt of this Order. There shall be no order as to costs. P.V.SANJAY KUMAR,J Dt. 22.08.2008 lvl ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. A.P. Generation Corporation Limited, Rep. by its Director, Vidyut Soudha, Somajiguda, Hyderabad. 2 State of A.P., Rep. by its Secretary. Irrigation and Power Department at Secretariat, Hyderabad. 3 The Chief Engineer, Electricity Projects, A.P. Generation Corporation Ltd., Vidyut Soudha, Somajiguda, Hyderabad. 4 The Superintending Engineer, Civil O&M., A.P. Generation Corporation Ltd., Mothugudem Camp Office, Upper Seleru, Visakhapatnam District. 5 The Executive Engineer, Civil Operation, A.P. Generation Corporation Ltd., Mothugudem Camp Office, Upper Seleru, Visakhapatnam District. 6. 2CD copies