High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent authorities to grant benefits such as gratuity' pension' provident fund etc ' along with interest till now from the date of superannuation pending disposal of the above writ petition' Counsel for the Petitioner: SRI P'ACHUTA RAMA SHASTRY counser for the Respondent No.1: Dy. soLlclroR GENERAL oF .NDIA Counsel for the Respondent No'2: SRI P'SRl HARSHA REDDY' SC FOR SCCL The Court made the following: ORDER I HON'BLE MRS. JUSTICE SUREPALLI NANDA W TP TI I N .46s 10F 2 22 ORDER: Heard sri p.Achyuta Rama shastry, tearned counset appearing on behalf of the petitioner, learned Deputy Solicitor General of India appearing on behalf of the respondent No.1 and Sri P.Sri Harsha Reddy, tearned standing counset appearing on beharf of the respondent No.2.

2. The DetationeraD Droa chedt he Court seeki ng Draver as under: "...to issue Writ or Direction more particularly one in nature of Writ of Mandamus ou.[.Jng-ihJlltion or tne Respondents authorlties.not following order in Wp 3940 of 2010 passed by this Honourable C6rrt u-"O"not setfled j"";iu ,",,,ionu. the matter riil now confirming il; as 60 years as on 2e/ro/zods anJier;;";;;rs him on "g" "hi.'";u*i.u 99!"d 37/ro/2oos and rerminitJns 7/77/2009 without dectaring tn" ."liEct'"[e'as oi.ecteo by this Honourable court and giving false replies in RTI Letters dated r5/7/2020 and- Zttl)iiiO' "a"s aroitrary viola_tron of principles of natural :lirtl* l"O"riolative of Art L4, 16 and 21 of the constituilon of India set aside the same and direct the Respondent artnoiiti"s to grant benefits such as sratuity pension ;;iA;; fund erc along with interest tiil now f.o.- in"" Out" of superannuation and pass...,, 3 The caseol averments made ln u ort f 2 in brtef SN, J r h e e ffi vit filed bv theDetitione r tn w P ition is un er: - The petitioner was appointed as Badh Worker on 13.03.1978 in 2nd respondent corporation' The petitioner's age at the time of appointment was assessed as 22 years and on

14.oT.lgg8anidentitycardwasissuedtothepetitionerbythe 2nd respondent mentioning the age of the petitioner as 33 years on that date. However, the office records of the 2nd respondent were destroyed due to fire accident and. in 2004 the 2nd respondent erroneously entered the petitioner's age at the time appointment as 33 years, in the service regjster and the petitioner made several representations to the reipondents to rectify the age of the petitioner in the service register as per the identity card issued to the petitioner by the 2nd respondent in

1998. ItisfurthertheCaSeofthepetitionerthatthepetitioner was to be superannuated on 31'10'2016 as per the correct date of birth however the petitioner was superannuated on ol.r0.2oo8.AggrievedbytheSame,thepetitionerearlierfiled -) SN. J W.P.No. 16650 of 2009 and the same was disposec, of directing the respondents to constitute the Apex Medical Board for determination oF the age, however the respondents constituted the Board without informing the petitioner and determined the age of the petitioner as 60 years vide order dated 30.10.2009. thereafter' the petitioner chalenged the order dated 30.10.200g in W.p.No. 3940 of 2010 and the same was disposed of with clear instructions to determine the age of the petitioner, however the respondents didn,t follow the said instructions. Aggrieved by the same the petitioner preferred the present writ petition. P U ED H A. Th v u e hereunder:- n Dortion of theordef, da ted 03,o4.201 8 w e ti ron toner ne rliero f o.3 4 1 on se tr c e B) i) Petitioner is occupying quarter alrotted to him when he was in service. ordinari'iy p;;r; ;;;"to uu.ut" th" quarter on retirement from ,u.rii". -ir"n assuming petitioner has valid claim regarding the *-ng'ur.u.r.unt of age, he could not have. continued occupying the quarter without the consent of the employ"r. rate, even according to petitioner his age oi ,.uiirl#unr was in -n['an"y " I 4 SN, J October, 2016, thus' after October ' 2016 without consent ;i H; "". J"v"', !: ;,", a;*," I "Xi" o'"lljl tl r"l g!x? ouarter. However, ln I company has not settrea nis retirement benefits till date' No iustification is snown by the respondent company exceot harping tt'ut n" nut not vacated the quarter' No steos were taken to L'itt nlr.n also' Learned standing counsel stated that t"ni unO electricity charges are not paid. P: .?:ld^'us of his retirement benefit' ii) Petitioner is present in the Court' He would submit that retirement rent and electricity cnarges coutO noi ;:;;i;*L." toi't"ttrlil"Jasreed to vacate the quarter after completion oI Jg""- O"t"-t*lnation and would PaY ;;J electricity charges after arrears of normal "til ;[;;""i iii) Further, since petltioner is in occupation of the quarter and age determinatio; i; ;"; referred to team of specialist Doctors, he may o" uffo*"1' to continue in the quarter till team of specialist oilioit--r"nishes the report and r.Iiir"*"nt benefits are settled' iv) SCCL shall assess the rent and other charges payable i,11;:,".ii;Ft::tI"=S:;"*:::*"S::ilX,t""::'.T:i the quarter. On mat<tng :"1*i;;;; inl ,rno'nit' It is open to thei respondent .l'",r'J"r-," uojrct ff'" umounts iowards house rent and ;;h;;ri.rs"s riom the retirement benefits payable by the ;;;;;;Ia-ihe petitioner but not from statutorv benefits' rr.rI"t'si"trity and provident fund and if any short fall in ;;;r.t iu", it may piace a demand on petitioner' v) Having regard to history of litigation and non- settlement of retirement benerits, sccl cannot levy penal pavable is onlv normal.rent'.It is also open ;;I;;;;";t for the respondent company and petitioner,to.negotiate for settlement of arrears of house rent and other charges piyuOf" by him on the quarter occupied by him' :,./ 5 B Para N o 1 ofJh c h d t o SN. J nter affidavit fited on behalfof a e h d - .11.. ..In reply to para ,no.7-of the affidavit, it is submitted that the para no.4 of the affidavii n., O""ri ."peuted h"re. It is submitted that a detaited Spuuf.,nS 6rjir was issued to rhe petitioner vide tetter no.RizTeiniCi;U rs:s, dared no.MRD/MB/AHS/2018/_3LO/216, dared 02.O4.2Olg received from the Superintendent, Orruniu General Hospitat, Hvderabad. l. ou. tne ojinion-'oi mu medicar committee, Osmania 9!1.ut Hospitat,- Hijerabad, vide proceedings dated 30.03.2019, the .s; ;i ihe petitioner can be considered as to.be.in ine raffioi'oo ,o 7o years as. he has already attaine.ct tne age?-;d"yuu., in tn" opinion of the Forensic,. Radiolog/ unO Experts. Further, the petitioner has not "ru.ituO Ge residential quarter provided b,,h"_Ig:qgnOent companf intentionatty till date and arso not paid tne minimar-[ni uno due to which his gratuity payment has been pri on'l'ofO. US ON NDC -O"urituf SION c Learned counsel appearing on behalf of the petitioner I 5 I submits that the respondents had not followed the specific directions issued by this Court in its earlier order, dated 03.04.2018 passed in W.p.No.3940 of 2010(referred to and extracted above) and legally entiiled terminal benefits which are due to the petitioner had not been paid to the petitioner as on date.

6. Learned standing counsel appearing on behalf of the respondent No.2, on the other hand, placing reliance on the 6 SN. J averments made in the counter affidavit filed on behalf of the respondent No'2 in particular para No'8, contends that the terminal benefits were settled to the petitioner as under:- Sl.No. Terminal Benef it Amount ( Rs. Ps. ) Remarks Bank A/c.No. 01 CMPF 8,86,793' 00 Settled & Paid PENSION 4,500-00 Settled & Paid Aacooooogog+:s Union Bank of Ind ia, Godavarikhani - -- - -do--- -- FBIS(A) 1,195-00 Settled & Paid ----do------ o2 03 o4 GRATUITY 4,t2,372- 78 I - Note released due to non- vacation of his residential Quarter provided bY the ComPanY as per rules. This amount will be released as soon as the petitioner vacates his uarters Learned standing counsel appearing on behalf of the 7. respondent No.2 further submits that the terminal benefits i'e'' CMPF , Pension, FBIS(A), Gratuity had already been settled and 7 SN. J r.e, amount of paid and in so far as the Gratuity amount Rs.4,72,372-78/_ is concerned, it had not been released to the petitioner due to non vacation of petitioner,s residential q ua rters provided by the respondent company as per rules. B' Learned standing counsel further pracing reriance on the averments made in the counter affidavit and contends that upon the petitioner vacating the petitioner,s residentiar guarters provided to the petitioner and upon the petitioner duly submtting "No Due Certificate,. as required and mandated under the rules, the gratuity amounts due to the petitioner i.e, Rs.4,12,3 72_78/_ would be released to the petitioner, duly processing the gratuity claimed by the petitioner as per the Ptrr tne petitioner's legal entiuement.

9. In so far as the grievance of the .petitioner pertaining to the implementation of the earlier orders of this Court, dated 03.04.2018 passed in W.p.No.39 40 of 2OIO anct the specific directions issued thereunder, this Court opines that it is on perusal of the averments made at para No.11 oF the affidavit filed on behalf of the speaking order had been cou nter respondent No.2, that a detailed issued to the petitioner, dated eviden t, -,< \ 1 8 SN. J

22.06.2019 vide letter No.RG zlPERlCFDVl lB35 based on the letter No. M RD/M B/AHs/2018/31 ol216 ', dated

02.O4.20L9 received from the Superintendent' Osmanla General HosPital, the Medical Committee' Hyderabad, as Per the oPinion of Osmania General Hospital' Hyderabad' vide proceedings, dated

30.03.2019. aggrieved a detailed is open to the the Petitioner, it same before aPProPriate forum This Court opines that if the petitioner ls 10. against the proceedings' dated 22'06'2019 which is speaking order issued to petitioner to challenge the view of the passing of the said speaking ordbr' this Court opines that the order of this Court' dated 03'04'2018 passed in W.P.No.394O of 2010 had been duly compliedtwith' and the merits of the said letter, dated 22'06'2}tg cannot be gone into in the present writ petition, since the same is not placed before this Court in the present Writ Petition nor had been challenged by the Petitioner till as on date'

11. Ta kino nto consid eration: - a) The aforesaid facts and circumstances of the case. -..*.-.'-- -.. *t :** .X* - i \ 9 SN. J b) The submissions made by the learned counsel appearing on behalf of the petitioner and tearned standing counsel appearing on behalf ofthe respondent No.2. c) The Counter affidavit fited on behatf of the respondent No.2 and in particutar para Nos.g and 11 (referred to and extracted above) d) The earlier order of this Court, dated O3.O 4.2r,tg passed in W.p.No.394O of 2O1O (referred to and extracted above) The Wr tPet tion ts disDO ed ofq IV labertv to the e ti n t h !t iti n rvt e s h o er ts u 2 P R CF rV 1 3 2 o 2 1 b he 2nd r s on t li n r er o d

4.2o 8 s di d h I I o 940 f20 o.r ts u Deti to er furnishi no the "No Due ertifi ca u d h r fo eto t w t in two o2 h d r du e k f a h s o e e r s o d h r a nis tr tha u on t as ma nda d t cor or o t of re t resi en al d t t a r a d n d e 10 SN, J of the Detitio not b tition rse kin o Detitioner i.e. ,amount of Rs.4,L2,372-7 8/-, as Der ner's leqal entitlement to the oetitioner, whic had cessed asondate, on the qro nd that the h een Dro r DEtitioner had not vacated the Detit ioner's reside ntia I a o 2 w k the etit n rfu R the "No Du e Certificate". Howev r, ther shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. s t-T. SRINTVASA REDDY STANT REGISTRAR //TRUE COPY// sLcnou oFFlcER To, 1 2 3 4 5 The Desk Office (C-ll), Ministry-of Labour and employment' Rafi Marg' New Oelhi Couetnment of lndia-1 100 1 1 ' The General Manager, Singareni Collieries Co Ltd' Ramgundam ll Division' Godavari Khani, Karimnagar' One CC to SRI P.ACHUT RAMA SHASTRY' Advocate [OPUC] One CC to SRI P.SRI HARSHA REDDY' SC FOR SCCL [OPUC] One CC to Dv. SOLICITOR GENERAL OF INDIA' High Court for the State of i"iung"n, at'HYderabad tOPUCI Two CD CoPies 6 BSR PVL HIGH COURT DATED: 11tOBl2O25 ORDER WP.No.46581 of 2022 cc TO D a\ i-, (l l:' a -t qlP ?[?5 . /, - t.. . I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS br{