WP/20439/1994 of K.V.K.Raju(died) per LRs Vs The Registrar, Andhra University on 29 December 2006

O R D E R:

In this writ petition, while the petitioner, an erstwhile lecturer inCommerce, challenges the order dated 08-07-1994, compulsorily retiring him from service with effect from31-01-1991 as arbitrary and illegal, Sri P. Sri Raghuram,learned counsel for the petitioner, would submit that, since thepetitioner had died on 28-02-2006 during the pendency of the writpetition, and as his legal representatives have now been brought onrecord, it would suffice if this Court, without examining the validity ofthe order of compulsory retirement, directs the respondents to paythe terminal benefits due to the deceased writ petitioner, as even ifthe order of punishment of compulsory retirement is held to be valid,his legal representatives (petitioners 2 to 7) would be entitled to bepaid the terminal benefits due and payable to the deceasedemployee. Learned counsel would submit that, as against theterminal benefits due to an employee on his being compulsorilyretired from service, the respondents had not paid the amounts duetowards provident fund, family pension, gratuity etc which are dueand payable to the legal representatives of the deceased writpetitioner (petitioners 2 to 7).

In view of this submission of the learned counsel, this Court isnot required to examine the validity of the impugned order ofcompulsory retirement dated 08-07-1994. Suffice it to hold that thelegal representatives of the deceased writ petitioner shall be entitledto be paid the retiral benefits due and payable to an employee, whohas been compulsorily retired from service. The amounts so dueshall be computed in accordance with law and paid to the legalrepresentatives of the deceased employee within a period of threemonths from the date of receipt of a copy of this order.

The Writ Petition is accordingly disposed of. No costs.

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29-12-2006

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