V.Kiran Kumar, vs The State Of Andhra Pradesh
2023 Latest Caselaw 2909 AP

      THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                    WRIT PETITION.Nos.7469 of 2021
ORDER:-

      The prayer of the Writ Petitioner reads as follows:-

            " ... to issue a Writ, order or direction, more particularly one
            in the nature of Writ of Mandamus declaring the impugned
            Ref.No.SVEC/Staff/Legal Matters/2020-21, dated 10-03-2021
            issued by the 6 respondent as being illegal, arbitrary, contrary

to the provisions of Payment of Gratuity Act, 1972 as amended in Act 49/2009 and also opposed to the law on the subject and consequently set-aside the same and hold that the petitioner is entitled for payment of gratuity as per the provisions of Payment of Gratuity Act, 1972 for his service rendered for more than 17 years under the control of 6th respondent with all consequential benefits including interest on belated payment of gratuity amount and pass such other order or orders...."

2. The present Writ Petition is filed aggrieved by the action of the

respondents in payment of gratuity as per his eligibility, despite the several

representations were made by the petitioner herein to the respondent

No.6/College and other authorities. As there is no response from the

respondents, he was constrained to file the present Writ Petition seeking a

direction to the respondent authorities for payment of gratuity amount.

3. Respondent No.3 filed counter and stated that he is not a competent

authority to pay or to recommend the gratuity of the petitioner herein and

stated that in W.P.No.23278 of 2021, this Honourable Court has disposed of

the Writ Petition directing the petitioner therein to seek appropriate

remedies under the payment of Gratuity Act before the concerned authority

and in the event of the same the authority concerned shall pass appropriate

orders in accordance with law, therefore argued let the petitioner may

approach the authority under the gratuity act for his relief.

4. Respondent No.6/College has filed its counter and stated that the

employee had filed an application for gratuity to the Principal in Respondent

College, who is not a Managing Authority, but he is only a mere employee

and stated that there is statutory authority under the Gratuity Act for

adjudication of the issue of the petitioner herein.

5. Relying on the judgment of the Order of the Writ Petition in

W.P.No.23278 of 2021, dated 18.11.2023, the present Writ Petition is

disposed of directing the petitioner herein to seek appropriate remedies

under the Payment of Gratuity Act before the concerned authority and in the

event of the same the authority concerned shall pass appropriate Orders in

accordance with law, after giving due opportunity to the respondent No.6

and also keeping in view the relevant proceedings including the judgment of

the Honourable Supreme Court in Brila Institute of Technology vs The

State of Jharkhand and others in Civil Appeal No.2530 of 2012. The said

process shall be completed within a period of four (04) weeks from the date

of receipt of the Order.

6. With the above said directions, the present Writ Petition is disposed

of. There shall be no Order as to costs.

As a sequel, interlocutory applications pending, if any, in this Writ

Petition shall stand closed.

____________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 05.05.2023 DNV

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION.No.7469 of 2020

Date: 05.05.2023

DNV