Allowed

Md. Musahib ali, v. the Govt of a.P., Industries and Commerce Dept.

Telangana HC16 Nov 2005WP/12239/2005

Case brief

AI extract

What is this about?

Five retired employees of Nizam Sugars Limited filed writ petitions seeking terminal benefits of voluntary retirement. The Court allowed the petitions relying on a prior Single Judge judgment, directing the employer to pay benefits with interest and provide a computation statement within six weeks.

What did the court decide?

Petitioners directed to be paid terminal benefits from 31-10-2002 with simple interest at 6% per annum from 01-01-2003; employer to furnish computation statement within six weeks.

Md. Musahib ali, Vs the Govt of a.P… — Pension and Retirement Benefits | Telangana HC (2005)

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THE HON’BLE Mr. JUSTICE GODA RAGHURAM

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WEDNESDAY, THE 16^TH DAY OF NOVEMBER, 2005

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W.P.Nos. 12234; 12235; 12236; 12238; 12239 and 18154 of 2005

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Between:-

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(W.P.No. 12234 of 2005) J.S.V.V. Narasimha Rao

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--Petitioner

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And

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The Government of Andhra Pradesh Industries & Commerce Department, A.P. Secretariat, Hyderabad and another.

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--Respondents

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Oral common order:- (W.P.No. 12234 of 2005 and batch)

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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 2^nd respondent-The Nizam Sugars Limited, Hyderabad; and have availed voluntary retirement with effect from 31-10-2002.

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Their grievance is as regards the respondent-employer’s failure to pay them the benefits of voluntary retirement.

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Learned counsel for the petitioners asserts and the learned standing counsel for the 2^nd 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.

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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

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date of receipt of a copy of this order.

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The writ petitions are, accordingly, allowed. No costs.

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GODA RAGHURAM, J

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Dated: 16-11-2005

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Pvks/*

Md. Musahib ali, v. the Govt of a.P., Industries and Commerce Dept.

Case brief

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What did the court decide?

Md. Musahib ali, v. the Govt of a.P., Industries and Commerce Dept.

Case brief

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