Andhra Pradesh High Court

WRIT PETITION 3102of 2003 on 27 December 2010

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY, THE FOURTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

CONTEMPT CASE NO: 1168 OF 2012

Petition under Sections 10 to 12 of Contempt of Courts Act 1971 prayingthat in the circumstances stated in the affidavit file herein, the High Court may bepleased to summon the Respondents to this court and punish them for Contemptof Court for intentionally violating the orders of this Court passed in W.P.No.3102of 2003 dated 27-12-2010.

Between:

Smt. G.Sandhya Mani, W/o late G.D. Ajit Roy, House wife. Permanent Add: C/o SriP.Venu, 302, Krushi Sai Residency, 4th Cross, Old Madras Road,Pailay out,Bengaluru- 560016PresentlyC/oDhirendarPrasad,9-4-86/28/1 A,IIFloor,Salarjung Colony, Mehdipatnam, Hyderabad - 500 008.

AND

...PETITIONER

1.Sri Rakesh Sharma, Chief General Manager, State Bank of India, Local HeadOffice, Bank Street, Hyderabad.Office, Bank Street, Hyderabad.

2.SriP.AppaRao,Asst.GeneralManagerPension,ProvidentFundandGratuity Department Local Head Office, Bank Street, Hyderabad - 500 195Gratuity Department Local Head Office, Bank Street, Hyderabad - 500 195

...RESPONDENTS

Counsel for the PetitioneriSRI. T VIDYA RANI

Counsel for the Respondents: SRI E MADAN MOHAN RAO

The Court made the following:

• ^PHC()10M6102012

Page 1 of 5

IIN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3331]

TUESDAY, THE FOURTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

CONTEMPT CASE NO: 1168/2012

Between:

1.SMT. G.SANDHYA MANI„ W/0 LATE G.D.AJIT ROY, HOUSE WIFE,PERMANENTADD:C/0SRIP.VENU302,KRUSHISAIRESIDENCY, 4TH CROSS, OLD MADRAS ROAD, PAI LAY OUT,BENGALURU - 560016 PRESENTLY C/0 DHIRENDAR PRASAD,[9-4-]86/28/1 A,IIFLOOR,SALARJUNGCOLONY,MEHDIPATNAM,HYDERABAD - 500 008.PERMANENTADD:C/0SRIP.VENU302,KRUSHISAIRESIDENCY, 4TH CROSS, OLD MADRAS ROAD, PAI LAY OUT,BENGALURU - 560016 PRESENTLY C/0 DHIRENDAR PRASAD,[9-4-]86/28/1 A,IIFLOOR,SALARJUNGCOLONY,MEHDIPATNAM,HYDERABAD - 500 008.

...PETITIONER

AND

1.SRI RAKESH SHARMA, CHIEF GENERAL MANAGER, STATE BANKOF INDIA, LOCAL HEAD OFFICE, BANK STREET, HYDERABAD.OF INDIA, LOCAL HEAD OFFICE, BANK STREET, HYDERABAD.

2.SRIPAPPARAO,ASST.GENERALMANAGERPENSION,PROVIDENT FUND AND GRATUITY DEPARTMENT LOCAL HEADOFFICE, BANK STREET, HYDERABAD - 500 195...CONTEMNOR(S):PROVIDENT FUND AND GRATUITY DEPARTMENT LOCAL HEADOFFICE, BANK STREET, HYDERABAD - 500 195...CONTEMNOR(S):Petition under Sections 10 to 12 of Contempt of Courts Act 1971 prayingthat in the circumstances stated in the affidavit file herein the High Court maybe pleased to Pleased to summon the Respondents to this Honble court andpunish them for Contempt of Court for intentionally violating the orders of thisHonble Court passed in W.P.No.3102 of 2003 dated 27-12-2010 andpassbe pleased to Pleased to summon the Respondents to this Honble court andpunish them for Contempt of Court for intentionally violating the orders of thisHonble Court passed in W.P.No.3102 of 2003 dated 27-12-2010 andpass Counsel for the Petitioner:

Page 2 of 5

1.T VIDYA RANI

Counsel for the Contemnor{S):1. E MADAN MOHAN RAOThe Court made the following:

:: ORDER ::

Heard Ms T.Vidya Rani, learned counsel for the petitioner.

2. Theabovecontemptcaseisfiledcomplainingaboutthenonimplementation of the order dated 27.12.2010 in W.P.No.3102[of][ 2003.]implementation of the order dated 27.12.2010 in W.P.No.3102[of][ 2003.]3.The petitioner filed the above writ petition to direct[the][ respondents][ to]pay the total salary and emoluments during the period[of][ suspension][ of][ the]petitioner’s husband and to settle the family pension[P.F.]pay the total salary and emoluments during the period[of][ suspension][ of][ the]petitioner’s husband and to settle the family pension[P.F.]

4. The said writ petition was allowed on 27.12.2010. The[operative][ portion]of the order reads as follows:of the order reads as follows:

4. “For the foregoing reasons the Writ Petitionis allowed,[and]the1®respondent is directed to release the death-cum-retirement[benefits][ to][ the]petitioner and other family members of late G. David[Ajit][ Roy,][ and pay][ the]difference of wages for the period during which the[employee][ was][ under]suspension till his death. This exercise shall be completed[within a][ period]of two months from the date of receipt of a copy of[this][ order.][ In][ default,]the amount payable to the petitioner and her other[family][ members][ shall]carry interest at 9% per annum, from 01.01.1998 i.e.,[the][ date][ of][ death][ of]the employee,till the date of payment. The petitioner[shall]attendtheoffice of the 1®‘ respondent along with her children[on][ the][ date][ intimated][ to]her, for receiving the benefits.”

Page 3 of 5

5. In the affidavit filed in support of the above contempt[case][ was][ pleaded]that the petitioner made several representations. Despite[the][ order][ passed][ by]this Court, the 1®* respondent failed to settle the[dues.][ The][ 1®^][ respondent,][ on]his arrival the dues payable to the petitioner’s husband[and][ communicated][ to]thw'Shandrayangutta Branch. The said branch issued[a][ bankers'][ cheque][ to]that the petitioner made several representations. Despite[the][ order][ passed][ by]this Court, the 1®* respondent failed to settle the[dues.][ The][ 1®^][ respondent,][ on]his arrival the dues payable to the petitioner’s husband[and][ communicated][ to]thw'Shandrayangutta Branch. The said branch issued[a][ bankers'][ cheque][ to]

\

the petitioner of Rs.2,79,481/- dated 31.03.2011. The petitioner also receivedRs.58,519/- by wayof DD and a sum of Rs.17,628/- on16.12.2011. Therespondent paid Rs.3,41,628/- in total. The respondents[failed to][ furnish][ the]calculation sheet.

6. A reply/counter was filed by the 2"^ respondent. In para-8 of the reply,itwas specifically mentioned regarding payment of amounts on different headstoa sumof Rs.8,44,851/-as on01.09.2012to thepetitioner,andtheendorsement by the petitioner about receipt of the same. The particulars ofthe payment have been mentioned in the tabular form. Along with the counteraffidavit, the annexures were also filed. No reply was filed controverting theaverments in the counter-affidavit.was specifically mentioned regarding payment of amounts on different headstoa sumof Rs.8,44,851/-as on01.09.2012to thepetitioner,andtheendorsement by the petitioner about receipt of the same. The particulars ofthe payment have been mentioned in the tabular form. Along with the counteraffidavit, the annexures were also filed. No reply was filed controverting theaverments in the counter-affidavit.

7. While disposing of the writ petition, the Court directed the respondentsto release both the retirement benefits and pay the difference in wages duringsuspensiontill date. Two months were fixed and failure to pay, the Courtdirected the respondents to pay interest. In para-8 of the counter-affidavit, thetable reflects the payment of the difference in amounts to the petitioner.to release both the retirement benefits and pay the difference in wages duringsuspensiontill date. Two months were fixed and failure to pay, the Courtdirected the respondents to pay interest. In para-8 of the counter-affidavit, thetable reflects the payment of the difference in amounts to the petitioner.

Page 4 of 5

8. Thus, as seen from averments in para-8 of the counter-affidavit,theorder dated 21.06.2011 in the above writ petition has been complied with. Thiscourt doesn’t find any violation of the order. Accordingly, the contemptcase ISdismissed. No costs.

As a sequel, pending miscellaneous petitions, if any,[shall][ stand][ closed.]

Sd/- K TATA RAODEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. Sri Rakesh Sharma, Chief General Manager, State[Bank][ of India,][ Local][ Head]Office, Bank Street, Hyderabad.Office, Bank Street, Hyderabad.

2. SriP. Appa Rao,Asst.General Manager Pension,ProvidentFundandGratuity Department Local Head Office, Bank Street,[Hyderabad][ -][ 500 195]Gratuity Department Local Head Office, Bank Street,[Hyderabad][ -][ 500 195]

3. OneCCto SRI. T VIDYA RANI Advocate [OPUC]

4. One CG to SRI. E MADAN MOHAN RAO Advocate [OPUC]

5. Three CD Copies

Pmg

HIGH COURT

DATED:04/03/2025

ORDERCC.No.1168of2012

^0 6 SEP 2025iCo?ntSectioflXi

DISMISSING THE CONTEMPT CASE

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