Dalai Appayamma vs The State Of Andhra Pradesh
2021 Latest Caselaw 2510 AP

       HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU


                    WP.No.20008 of 2020
O R D E R:

Heard learned counsel for the petitioner and Sri

D.Khasim Saheb representing the main answering respondent

Nos.2 and 3.

The simple issue involved in this case is the payment of

retirement benefits of the petitioner. Admittedly, the

petitioner, who worked with the 2nd respondent retired on

30.06.2018. Since then, she has been pursuing the

respondents to pay the retirement benefits and all other

monetary benefits to which she is entitled for her services

rendered. Since the representations did not elicit any

response, the writ petition has been filed.

Learned counsel for the petitioner argued in line with

what is mentioned in the writ petition.

The counter filed does not make out any serious ground

for denying of the payment. It is stated that the sum of Rs.4

lakhs is already paid towards gratuity and the rest of the

amounts are in process. The counter affidavit was filed in

May, 2021. Learned counsel for the respondent Sri Khasim

saheb submits that his enquiries made today just before the

hearing also show that the matter is still under process.

Other than the delay due to pendency of the issue with the

Government, no other ground is urged in the counter.

In that view of the matter, this Court is of the opinion

that keeping the writ petition pending is not called for and

nothing survives for adjudication.

The writ petition is, therefore, allowed. The respondents

are given a period of two months to pay all the arrears (after

deducting whatever paid earlier) along with interest at 6% per

annum from the due date till the date of actual payment of

the sums due. The judgment referred to in the writ affidavit

State of Kerala and others v. M.Padmanabhan Nair1

squarely applies to the facts. Hence, interest is awarded in

line with the said judgment. No order as to costs.

As a sequel, the miscellaneous petitions, pending if any,

shall stand closed.

_________________________ D.V.S.S.SOMAYAJULU, J Date: 20.07.2021 KLP

1 (1985) 1 SCC 429