An oral order allowing multiple writ petitions filed by retired employees against the Government of Andhra Pradesh and Nizam Sugars Limited. The court directed the respondents to pay terminal benefits and interest.
Pay terminal benefits with 6% simple interest from 01-01-2003 and submit a computation statement within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE Mr. JUSTICE GODA RAGHURAM
WEDNESDAY, THE 16TH DAY OF NOVEMBER, 2005
W.P.Nos. 12234; 12235; 12236; 12238; 12239 and 18154 of 2005
Between:-
(W.P.No. 12234 of 2005) J.S.V.V. Narasimha Rao
--Petitioner
And
The Government of Andhra Pradesh Industries & Commerce Department, A.P. Secretariat, Hyderabad and another.
--Respondents
Oral common order:- (W.P.No. 12234 of 2005 and batch)
The petitioners worked, respectively, as Manager (Process) (W.P.No. 12234 of 2005); Deputy Manager (Engg.,) (W.P.No. 12235 of 2005); Senior Manager (Engg.,) (W.P.No. 12236 of 2005); General Manager (W.P.No. 12238 of 2005); Deputy Manager (Material) (W.P.No. 12239 of 2005 and Senior Manager (Engg.,) (W.P.No. 18154 of 2003) in the 2nd respondent-The Nizam Sugars Limited, Hyderabad; and have availed voluntary retirement with effect from 31-10-2002.
Their grievance is as regards the respondent-employer’s failure to pay them the benefits of voluntary retirement.
Learned counsel for the petitioners asserts and the learned standing counsel for the 2nd respondent-Nizam Sugars Limited, Hyderabad concedes that the issue in this case is squarely covered on principle by the judgment of a learned Single Judge of this Court dated 02-11-2005 in W.P.No. 12237 of 2005 and that the writ petitioners herein are entitled to the relief sought on the said basis.
The writ petitions are accordingly allowed in terms of the judgment of this court dated 02-11-2005 in W.P.No. 12237 of 2005 and it is directed that each of the writ petitioners shall be entitled to and be paid the terminal benefits reckoning the entirety of such benefits as payable two months from 31-10-2002, the date of retirement, together with simple interest at 6% per annum calculated from 01-012003 up to the date of actual payment, as directed above. The respondents are at liberty to take credit for any amounts already paid in this behalf. The respondents are also directed to furnish to the petitioners a statement showing the computation as to how the quantum of terminal benefits has been arrived at, duly reflecting any credits taken by the respondents for the amounts already paid. The payments and directions above shall be complied with within a period of six (6) weeks from the
date of receipt of a copy of this order.
The writ petitions are, accordingly, allowed. No costs.
GODA RAGHURAM, J
Dated: 16-11-2005
Pvks/*
3 issues framed by the court
Whether petitioners who availed voluntary retirement are entitled to terminal benefits and interest as per the precedent set in W.P.No. 12237 of 2005.
What is the quantum and rate of interest for the terminal benefits payable to the petitioners.
Whether the respondents are directed to provide a computation statement for the terminal benefits.
Colour shows how this judgement treated each authority
W.P.No. 12237 of 2005Followed¶13
J.S.V.V. Narasimha Rao and others
The Government of Andhra Pradesh Industries & Commerce Department
The Nizam Sugars Limited
Goda Raghuram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
