Telangana High Court
WP/12291/1999 of V. Srihari Vs The Vice-Chairman AND Managing Director, O/o The A.P. on 29 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 12291 of 1999 Between: V. Srihari S/o. V. Venkata Narsaiah H.No.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION NO : 12291 of 1999
Between:
V. Srihari S/o. V. Venkata Narsaiah
H.No. 1-9-236/2/1/D. Ramnagar, Hyderabad-48.
AND
..... PETITIONER
The Vice-Chairman & Managing Director, O/o The A.P. StateHandlooms Weavers Co.operative-Society Ltd., Narayanguda,Hyderabad.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue Writ order or direction more particularly one inthe nature of Writ of 'Certiorari' calling for the records relating to theRef.No.L&C/L6/1998/VSH/DMO/Charges/CO/98, dt. 30.6.1998 andconsequential orderRef.No.L&C/L6/1998/VSH/LMO/Charges/CO/98/932. dt. 5.10.1998issued by the Respondent and setaside the same by holding them asillegal, arbitrary and contrary to the Bye-law, unjust and malafide andfurther direct the Respondent to pay the Gratuity amount payable to thePetitioner after retirement along with 12% interest and all other terminalbenefits immediately in the interest of Justice and pass such otherorder or orders as this Hon'ble Court may deem fit and proper in thecircumstances of the case.
Counsel for the Petitioner:MR.S.RAVINDRANATH
Counsel for the Respondent No.: MR.P.NAGASESHAIAH
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ORDER:
This writ petition is filed for a writ of certiorari to quash orderdated 30-06-1998 and the consequential order dated 05-10-1998 issued by the respondent.
At the hearing, the learned counsel for the petitionersubmitted that after filing of this writ petition, a sum ofRs.1,21,733/- was paid to the petitioner on 13-07-2001 from out ofthe sum of Rs.1,61,861/- payable to him towards gratuity and thatthe balance amount has been with held without any justification. He submitted that the writ petition may be disposed of withpermission to the petitioner to make a representation to releasethe balance amount and a direction to the respondent to dispose ofthe said representation.
As I find this request of the learned counsel reasonable, thewrit petition is disposed of without going into the merits of thecontentions raised by the petitioner by permitting him to make arepresentation for release of the balance amount. The respondentshall dispose of the representation, if made, within a period of fourweeks of its receipt and communicate the order to the petitioner. As a sequel to the dismissal of the writ petition W.P.M.P.No.15019
of 1999 is dismissed. No costs.
29[th] December, 2008SKM
--------------------------------C.V.NAGARJUNA REDDY, J