Telangana High Court
WP/5622/2004 of M.V.Ramanayya, Vs The Pithapuram Co-op. Urban Bank Limited, Rep. by on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 5622 of 2004 Between: 1. M.V.Ramanayya, S/o.Venkata Narasimha Murthy, Aged about 58
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 5622 of 2004
Between:
1. M.V.Ramanayya, S/o.Venkata Narasimha Murthy, Aged about 58 years, Hindu, R/o.10-1-125/A, Venugopalaswamy Temple Street, Pithapuram.
2. V.Ch.Prakasa Rao, S/o. Venkat Rao,
Aged about 57 years, Hindu, Clerk
R/o.Vongalavari Street, Pithapuram.
3. A.V.Srinivas, S/o. Venkata Ramana,
Aged about 30 years, Hindu,
R/o.8-1-128, Stuvartpeta, Pithapuram.
4. Ch.Manikyala Rao, S/o.Adinarayana,
Aged 38 years, Hindu,
R/o. Driver's Colony, Pithapuram.
AND
..... PETITIONERS
1. The Pithapuram Co-op. Urban Bank Limited, Rep. by Official Liquidator, Pithapuram.
2. Divisional Cooperative Officer, Kakinada.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased to issue any appropriate writ, order or direction more in the nature of a writ of"MANDAMUS" declaring the action of Respondents for non-payment ofPetitioners’ terminal benefits is arbitrary and illegal and consequently direct theRespondents herein to pay petitioners the terminal benefits to which Petitionersare entitled to as per service, rules and regulations of the 1st RespondentBank.
Counsel for the Petitioners: SMT.M.BHASKARA LAKSHMICounsel for the Respondents: GP FOR COOPERATION
The Court made the following:
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ORDER:
The petitioners herein, who were employees of the first respondent-Bank, filed this writ petition, inter alia, seeking for a Mandamus asagainst the inaction on the part of the respondents in extending theterminal benefits including the gratuity, encashment of leave etc.
The case of the petitioners is that as per the proceedings of thesecond respondent dated 30-09-2003, their services were terminatedand in respect of the same their terminal benefits have not been paid.In this connection, the petitioners have filed representation dated 20-02-2004, before both the respondents herein and the same stillremains unconsidered. Hence, the writ petition.
Having heard the learned counsel appearing for the petitioners andon also perusal of the material on record, it is seen that since theapplication filed by the petitioners is still pending consideration beforethe respondents, it is not necessary to go into the merits of the casefor considering the same.
The writ petition is accordingly disposed of directing the respondentsto consider the representation of the petitioners dated 20-02-2004 onmerits and dispose of the same, in accordance with law, after givingnotice and opportunity to them. No costs.
__________________
Lrkm.
To
1. The Official Liquidator,
The Pithapuram Co-op. Urban
Bank Limited, Pithapuram.
2. The Divisional Cooperative Officer, Kakinada.
3. 2CCs to the Government Pleader for Co-Operation High Court Buildings, High Court of A.P., Hyderabad. (OUT)
4. 2CD copies.