Telangana High Court
WP/6567/1997 of M.A.YOUSUF SHARIEF HYDERABAD Vs CHIEF ENGINEER APSEB HYDERABADAND2 OTHERS on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI JUSTICE B.PRAKASH RAO WRIT PETITION NO : 6567 of 1997 Between: M.A. Yousuf Sharief, s/o. Yesin Sharieff, aged about 57 years,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
HON'BLE SRI JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 6567 of 1997
Between:
M.A. Yousuf Sharief, s/o. Yesin Sharieff, aged about 57 years, R/o. Hyderabad.
..... PETITIONER
AND
1. Chief Engineer, APSEB, Mint Compound, Hyderabad Zone, Hyderabad,
2. Divisional Engineer Operations, APSEB, Sangareddy.
3. Member Secretary, APSEB, Vidyut Soudha, Somajiguda, Hyderabad.
.....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 toissue a writ of mandamus or any other appropriate writ, direction or directions,declaring the action of the respondents in not paying the legitimate dues to thepetitioner as arbitrary and unreasonable, and to issue consequential direction to therespondents to pay to the petitioner Gratuity, full salary for the period of suspensionfrom 14-5-1991 to 13-3-1996 and also to pay interest on the above mentionedamounts from the date they became due till the date of realisation.
Counsel for the Petitioner: MR.V.SRINIVAS
Counsel for the Respondents.: MR.S.RAVINDRANATH , S.C for APSEB
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ORDER:
The petitioner, who was an employee with the respondents, files this writ petition,inter alia, seeking a direction by way of this writ petition to the respondents herein forpayment gratuity and full salary due to him during the period of suspension i.e., from14-5-1991 to 13-3-1996 along with interest.
The case of the petitioner, in brief, is that on certain allegations the petitioner waskept under suspension and ultimately he was dismissed from service by an orderdated 14-5-1991 which was challenged in W.P.No. 7492 of 1991. The said writpetition was allowed and it was left open to first respondent to proceed with theenquiry. After enquiry, the first respondent placed the petitioner under suspension byan order dated 29-6-1996 from 14-5-1991 to 13-3-1996. Therefore, for the periodfrom 14-5-1991 to 13-3-1996, he is entitled to suspension allowance on the basis ofthe revised pay scales but not on the existing pay scales as given to him and furthereven the gratuity amount to which he is entitled to under the provisions of payment ofGratuity Act, 1972 has not been given to him. Hence, the writ petition.
In the counter affidavit filed by the respondents herein it is stated that having regardto the provisions of the A.P. Revised Pension Rules, 1980, the petitioner who is aremoved employee, will not get any relief and further, if at all there is any amountdue to the petitioner on the basis of the revised pay scales, the petitioner canapproach the respondents and the same can be considered by it. However, in so faras the gratuity is concerned, by virtue of exemption under section 5 of the Paymentof Gratuity Act provided to the respondents, they are not liable to make any paymentand further by reading together the Pension Rules and also the Exemption under thePayment of Gratuity Act, the entire service has to be taken up and thus no gratuitybecomes due to the petitioner.
Heard the Counsel on either side.
Having considered the submissions made on either side and also on perusal of the
material, it is seen that in this writ petition ultimately the petitioner seeks two reliefsi.e., one for payment of subsistence allowance on the basis of the revised pay scalesand another for payment of Gratuity. In regard to the revised pay scales isconcerned, the learned counsel for the respondents fairly submits that if at all anysuch variation in regard to the calculations made to which the petitioner would beentitled to in the revised pay scales, the same can be considered afresh on anapplication to be filed by the petitioner. In view of the same, it is observed that it isopen for the petitioner to approach the respondents by filing an application giving allthe calculations and the amount to which he is entitled to and on receipt of the same,it can be considered and disposed off by the respondents in accordance with law.
Coming to the second aspect i.e., entitlement of the Gratuity, no doubt, it is statedthat the respondents are not liable for any payment towards gratuity. However, in thecounter affidavit no reference has been made to the proceedings exempting therespondent company from the provisions of the payment of Gratuity Act. It is stated,across the bar, that in exercise of the powers under Section 5 of Payment of GratuityAct the State Government issued G.O.No. 51 dated 18-12-1995 exempting all theemployees of the Board from all the provisions of the said Act and the Rules madethere under. Since the same is not made part of the pleadings and further it alsorequires consideration as to the applicability, it is felt that the same can be agitatedin separate proceedings rather than in this writ petition.
Therefore, leaving it open to the petitioner to challenge the said exemption order oreven in regard to the applicability to the petitioner and other employees, the writpetition is disposed of. No costs.
Dt. 27/12/2004
Kvrk
________________
B. PRAKASH RAO, J
To
1. The Chief Engineer, APSEB, Mint Compound, Hyderabad Zone,Hyderabad,Hyderabad,
2. The Divisional Engineer Operations, APSEB, Sangareddy.
3. The Member Secretary, APSEB, Vidyut Soudha, Somajiguda, Hyderabad.
4. Two CD copies.