THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO W.P.No.2901 of 2000 Between Dr. M. Narayana Reddy and another And A.P. State Meat and Poultry Development Corporation Ltd and others THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO W.P.No.2901 of 2000 Oral Order: This writ petition has been filed by the petitioners for a Writ of Mandamus directing the first respondent- Corporation to make Pension Contribution and Leave Salary Contribution of the petitioners to enable them to draw service pension and other benefits due to them on account of retirement or in alternative to direct the 2nd respondent to exempt the 1st respondent Corporation from making contributions towards Pension and Leave Salary of the Petitioners. The petitioners were originally appointed in the Animal Husbandry Department of the Government of Andhra Pradesh. The first respondent-Corporation was incorporated in the year 1977. The State Government had transferred its activities pertaining to Meat and Poultry Development which were previously handled by the Animal Husbandry Department to the said Corporation along with the activities of the Animal Husbandry Department. The persons working in the said Department were also given option to get absorbed in the Corporation. Thereafter, the petitioners were absorbed in the first respondent Corporation in the year 1977, where they worked for more than 19 years. The first respondent Corporation later became sick and a decision was taken by the Government to restructure it as per the recommendations of the Subrahmanyam Committee. As certain vacancies were available in the Animal Husbandry Department of the State Government, the petitioners represented to the Government to take them back to the Department. As the Government did not pass orders, the petitioners filed O.A.No.5594 of 1996 before the Andhra Pradesh Administrative Tribunal, Hyderabad for suitable directions to consider the case of the petitioners for repatriation to the parent department. By order dated 25.5.1996 the said O.A. was disposed of by the Tribunal directing the Government to consider the case of the petitioners for such repatriation to the Animal Husbandry Department as and when they file applications. Subsequently, vide G.O.Ms.No.26 dated 15.3.1997 the petitioners and others who were working in the first respondent Corporation were repatriated to the Department of Animal Husbandry, Government of Andhra Pradesh and after working for sometime, the petitioners got retired from service of the 3rd respondent on 30-6-1998. The petitioners contend that although they have to get pension and other benefits after retirement they were not paid the same by the Government. They made several representations to the 3rd respondent and the matter was referred to the office of the Accountant General. The office of the Accountant General replied on 27-1-1999 stating that the petitioners have nearly 20 years in Foreign Service and for the said period, their Pension Contribution and Leave Salary Contribution are not paid and hence pension cannot be granted unless the same are contributed. The petitioners have therefore filed this writ petition contending that the first respondent-Corporation has to contribute to the pensionary benefits of the petitioners. They contend that the first respondent is not taking any steps to pursue with the 2nd respondent either to obtain Pension contribution and Leave Salary Contribution nor was it getting any exemption in its favour in that regard. They contend that the petitioners are only getting anticipatory pensions even though they had retired more than 1 ½ years back and therefore appropriate directions have to be issued to the first respondent-Corporation to make contributions towards Pension Contribution and Leave Salary Contribution of the petitioners to enable them to draw service pension and other benefits due to them on account of their retirement or in the alternative the 2nd respondent be directed to exempt the first respondent-Corporation from making contributions towards Pension Contribution and Leave Salary Contribution of the petitioners. The 2nd respondent has filed a counter stating that the first respondent Corporation had made a representation to the Government for sanction and release of amounts towards payment of contribution of pension and Leave Salary Contribution to all the 216 employees of various categories who worked in the Corporation on deputation, that the Government after careful examination has agreed for release of the said amount to 215 employees which includes the petitioners also and that the Government issued G.O.Ms.No.41 Public Enterprises (II) Department dated 22.9.2000 and released an amount of Rs.1,23,73,026/- ( Leave Salary Contribution of Rs.52,75,328/- and pension contribution of Rs.70,96,698/-) with interest of 15% per annum to the first respondent Corporation. The 2nd respondent therefore contends that contribution on behalf of the first respondent-Corporation towards payment of pension and leave salary having already been sanctioned by the Government under the above G.O., the writ petition has become infructous. No rejoinder has been filed by the petitioner disputing the above contention. In view of the counter affidavit filed by the 2nd respondent that the contribution on behalf of the first respondent-Corporation towards payment of pension and leave salary contribution has already been sanctioned by the Government vide G.O.Ms.No.41 dated 22.9.2000, cause in the writ petition does not survive for adjudication. Therefore, the writ petition is dismissed as infructous. No costs. JUSTICE M.S. RAMACHANDRA RAO KK/ 12-9-2012 THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO W.P.No.2901 of 2000 12-9-2012