IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 18667 of 2008 Between: 1 Dr. M.Waman Rao S/o.Dr M.Krishna Rao Plot No.15 H.No.12-1-495 Indraprastha Colony GSI Post Hyderabad-500068 2 N.A Narsimhalu S/o.N.A Damodara Naidu Plot No.110,3/7 Ramdas Garden West Maredpally,Secunderabad 3 P.Komaraiah S/o.P.Veeraiah Plot No.45 Laxminagar Colony Old Safilguda,Secunderabad-500056 ..... PETITIONERS AND A.P Dairy Development Co-Operative Federation Ltd Lalapet,Hyderabad 500017 Rep.by its Managing Director .....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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent not paying the gratuity as per the APDDC Group Gratuity Life Assurance Scheme applicable to the petitioners as arbitrary, illegal and Unconstitutional and consequently direct the respondents to extend the gratuity facility based on the formula applied to APDDC Group Gratuity Life Assurance Scheme. Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: M.DILIP RAO(SC FOR APDDCFL) The Court made the following : ORDER The issue that arises for consideration in this writ petition is squarely covered by the Judgment, dated 20.09.2001, rendered by a Division Bench of this Court in WA No. 329 of 2001 and batch. Following the said judgment, the writ petition is disposed of, holding that the petitioners are entitled to be paid only in terms of the scheme which was applicable to them and not in terms of the resolution dated 19.11.1991. The case of the petitioners shall be conﬁned to the ambit of the aforementioned scheme and the amount of gratuity shall be computed in terms of the deﬁnition of salary/wages as per the scheme. The diﬀerence of the amount, if any, should be paid to the petitioners at an early date and preferably within a period of six weeks from the date of communication of the order. No costs. __________ 05-09-2008 rkk