Allowed

Smt. Gunji Mahadevamma, v. The Andhra Pradesh State Road Transport Corporation

Andhra Pradesh HC11 Jul 2024WP/12686/2024

Case brief

AI extract

What is this about?

The High Court addressed a writ petition challenging the respondent's withholding of gratuity for the petitioner's deceased husband pending a partition suit. The Court set aside the impugned proceedings and directed the immediate payment of the gratuity amount of Rs. 11,09,372/-, citing statutory protection against attachment under the Gratuity Act and CPC.

What did the court decide?

Set aside proceedings No. E1/756(14)/2021-NLR-2 dated 27-03-2024 and directed the respondent to pay the gratuity of Rs. 11,09,372/- to the petitioner forthwith.

Smt. Gunji Mahadevamma, Vs The Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY ,THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 12686 OF 2024

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Between:

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Smt. Gunji Mahadevamma, W/o. Gunji Ravikumar(late), Hindu, Aged about 58 years, Occ Housewife R/o. Kanuparthipadu, Nellore, SPSR Nellore District.

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...Petitioner

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AND

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The Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director Vijayawada, Krishna District, Andhra Pradesh

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The Depot Manager, APSRTC, Nellore-2 Depot, Nellore city SPSR Nellore District, Andhra Pradesh.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the proceedings issued by the 2nd respondent vide proceedings No. E1/756(14)/2021 -NLR-2 dated 27-032024 in not paying gratuity of my late husband to me as illegal, arbitrary

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and in violation of Article 14 and 21 of the Constitution of India and contravention to section 60 CPC and in violation of section 4 of the Gratuity Act, 1972 and consequently set aside the proceedings No. E1/756(14)/2021-NLR- 2, dated 27-03-2024 issued by the 2nd respondent and direct the 2nd respondent to pay gratuity of my^{latehusbandto} me forthwith in accordance with law.

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lA NO: 1 OF 2024

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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 set aside the proceedings No. E1/756(14)/2021-NLR-2,^dated 27-03-2024 issued by the 2nd respondent and direct the 2nd respondent to pay gratuity of my late husband to me forthwith in accordance with law.

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Counsel for the Petitioner(s):SRI. KOMARA PRUDHVI RAJ

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Counsel for the Respondents: SOLOMON RAJU MANCHALAFOR (SC for APSRTC)

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.12686 OF 9n9d

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Smt.Gunji Mahadevamma, W/o Gunji Ravikumar (late), Hindu, Aged about 58 years, Occ; Housewife, R/o Kanuparthipadu, Nellore, SPSR Nellore District.

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... Petitioner

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Versus

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The Andhra Pradesh State Road Transport Corporation, rep. by its Managing Director, Vijayawada, Krishna District Andhra Pradesh and another.

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... Respondents

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Counsel for the petitioner ; Sri K.Prudhvi Raj Counsel for respondents Sri. M.Solomon Raju, (SC for APSRTC)

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:: ORDER ::

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Impugning the proceedings No.E1/756(14)/2021-NLR -2, dated 27.03.2024 issued by respondent No.2 in withholding the gratuity amount of Rs. 11,09,372/-, the above writ petition is filed

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SRS, J wp_12686_2024

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Heard Sri K.Prudhvi Raj, learned counsel for the petitioner,^andSri M.Solomon Raju, learned Standing Counsel appearing for the respondents.

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Learned counsel for the petitioner would submit that the petitioner’s husband while working as a Driver in respondent No.2 depot, died on 02.09.2021 leaving behind the petitioner as legal heir. Both the sons pre deceased their father G.Ravi Kumar. The petitioner^is the nominee as per service records. One Smt.G.Vijaya Lakshmi, (wife of petitioner’s younger son) along with her minor children filed suit O.S.No.456^of2022onthe file of the III Additional Junior Civil Judge, Nellore for partition. In the said suit, I.A.No.208 of 2022 was filed seeking a temporary injunction. The civil court by order dated 12.05.2022, passed a prohibitory order not to disburse the death benefits of late Gunji Ravi Kumar, Employee I.D.501151. Learned counsel further submits that given^the civil Court’s order, respondent No.2 is not releasing the gratuity^{amount.Hewould} submit that as per Section 60(1 )(g) of CPC, the gratuity^{amountcannotbe} attached.

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: 4. Sri M. Solomon Raju, learned Standing Counsel, fairly^submitsthat as per Section 13 of the Gratuity Act, 1972, the amount of gratuity cannot

SRS, J wp_12686_2024

be attached. Learned counsel did not dispute Section^{60(1)(g)ofCPC} whereby protection has been granted not to attach the^{gratuityamount.} Section 13 of the Gratuity Act, 1972 also speaks about^{theprotectionof} gratuity. It is appropriate to extract Section 13 of^{theGratuityAct,1972.}

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“13. Protection of gratuity:- No gratuity payable under this Act and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section⁵ shall be liable to attachment in execution of any decree^or order of any civil, revenue or criminal court”.

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As seen from the extracted section, the gratuity payable to the employee shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. Even^{underSection60(1)(g)} of CPC, protection is granted in respect of gratuity^amount.

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Given the facts and circumstances of the case, the^impugned proceedings No.E1/756(14)/2021-NLR-2, dated 27.03.2024 issued by respondent No.2 in respect of the gratuity amount of^{Rs. 11,09,372/-isset} aside. Respondent No.2 shall pay the gratuity amount^{tothepetitioneras}

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SRS, J wp_12686_2024

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per law. Respondent No.2 shall pay the gratuity amount keeping in view Section 7(b) of the Gratuity Act, 1972.

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With the above direction, the Writ Petition is disposed^of.Noorder as to costs.

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Miscellaneous petitions pending, if any, shall stand^closed.

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//TRUE COPY//

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SDI- K.SRINIVASA RAJU ASSISTANT REGISTRAR

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SECT FFICER

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To,

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Managing Director, The Andhra Pradesh State Road Transport Corporation, Vijayawada, Krishna District, Andhra Pradesh.

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The Depot Manager, APSRTC, Nellore-2 Depot, Nellore city SPSR Nellore District, Andhra Pradesh.

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One CC to SRI. KOMARA PRUDHVI RAJ Advocate [OPUC]

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One CC to SRI. SOLOMON RAJU MANCHALAFOR (APSRTC) Advocate [OPUC]

5. Three CD Copies

HIGH COURT

DATED; 12/07/2024

ORDER

WP.No.12686 of 2024

C»\i
ml
g 1) SEP 20?'t
. Current Section . ^

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DISPOSING THE WP WITHOUT COSTS

Smt. Gunji Mahadevamma, v. The Andhra Pradesh State Road Transport Corporation

Case brief

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What did the court decide?

Smt. Gunji Mahadevamma, v. The Andhra Pradesh State Road Transport Corporation

Case brief

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