Telangana High Court
WP/16068/1999 of G. Ashok Kumar, Vs The A.P.State Irrigation Development Corporation Ltd., on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 16068 of 1999 Between: G. Ashok Kumar, S/o. G.Raja Rao. O/o. Deputy Executive
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION NO : 16068 of 1999
Between:
G. Ashok Kumar, S/o. G.Raja Rao.
O/o. Deputy Executive Engineer, Manchiryal, Adilabad District.
AND
.....
PETITIONER
1 The A.P.State Irrigation Development Corporation Ltd., Rep. ViceChairman and Managing Director, Maithrivanam,Ameerpet, Hyderabad.
2 Executive Engineer, A.P.S.I.D.C., Ltd., Nirmal Division, Indiranahar Colony, Nirmal, Adilabad District.
3 Deputy Executive Engineer, A.P.S.I.D.C., Ltd., Sub-Division, Hamaliwada, Manchirial, Adilabad District.
.....RESPONDENTS
Counsel for the Petitioner : None.
Counsel for the Respondents : Smt.Kavitha Gottipati The Court made the following:
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ORDER:
This Writ Petition is filed for the following substantive relief:
“For the reasons stated in the accompanyingaffidavit, the petitioner prays that this Hon’ble Court may bepleased to issue a writ or writs more in the nature of Writ ofMandamus declaring the action of the respondents in notfixing the VRS Compensation taking into consideration, theservice of the petitioners till the date of relieving him fromservice and without finalizing the all his claims of leave salary illegal deduction of income tax, finalising EPF andCPF, LTC benefits, TA bills, DA arrears, Annual GradeIncrements and 3 months salary in the absence of noticeand other attendant benefits of PRC, is illegal, arbitrary,discriminatory, highhanded and cannot be justified in the eyeof law and consequently direct the respondents to fix theVRS compensation of the petitioners taking intoconsideration of his length of service till the date of hisrelieving from service, pay the DA arrears and Annual GradeIncrements for which the petitioners is entitled to till the dateof his actual relieving from service including PRC benefitsand other claims of the petitioner in the interest of justice.”
At the hearing, there is no representation for the petitioner,despite the fact that this case was adjourned from 22.12.2008 fortoday, as there was no representation for the petitioner on that day. Hence, the writ petition is liable to be dismissed in default. Evenotherwise, the cause in the writ petition does not survive forconsideration, in view of the averments contained in paragraph 7 ofthe counter-affidavit filed by the Manager of respondent No.1 –Corporation, wherein it is stated that the Corporation paid an amountof Rs.2,66,299/- to the petitioner through Cheque No.838053, dated03.08.1999, towards the payments, which were settled under VRS.
In view of the same, the writ petition is dismissed asinfructuous.
Dated:26.12.2008
________________________
C.V.NAGARJUNA REDDY, J
GJ