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2025 DAILYLAW 28853 (AP)

LAKSHMI PHARMA v. THE STATE OF ANDHRA PRADESH

WP/21123/2024 · 2025-07-28

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010411622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS A ^ ac TUESDAY,THE TWENTY NINETH DAY OF JULY^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21123 OF 2024 Between: 1. Lakshmi Pharma, Rep. By its Managing Partner Mr Ch.Srinivasa Rao S/o Ch.Nagabushanam, #3-4-1, Shop. No. 12, VLR Commercial Complex, Kachiguda, Hyderabad- 27, Telangana State. 2. Lakshmi Pharma, Rep. By its Managing Partner Smt. Ch. Janakamma W/o Ch.Srinivasa Rao, #3-4-1, Shop. No. 12, VLR Commercial Complex, Kachiguda, Hyderabad- 27, Telangana State. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Labour, Factories, Boilers and Insurance Medical Services Department, Building No.5, Andhra Pradesh Secretariat, Velagapudi, Amaravathi - 522503. 2. The Director of Insurance Medical Services, Kesineni Bus Yard, Kakni Venkata Ratnam Road, Enikepadu, Vijayawada, Andhra Pradesh - 521104. 3. The Joint Director, Office of Joint Director, Vijayawada, Insurance Medical Services, ESI Hospital Premises, Gunadala, Vijayawada. 4. The Director General, E.S.I. Corporation, Panchdeep Bhawan C.I.G.Road, New Delhi - 110002. ...Respondents 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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents in issuing a Memo R.C.No.840/CDS/2020 dated 24.02.2020 and consequential Memo R.C, No. 1580031/CPS/2021 dated 04-12-2021 is illegal, arbitrary and one against the principles of natural justice and accordingly suspend the said impugned memos and Consequently direct the Respondent No.2 to immediately release the pending payments to the petitioner, who is the authorized distributor of Rate Contract Holder (Pharma company) to the tune of Rs. 1,63,23,658/- (Rupees One Crore Sixty Three lakhs Twenty three thousand Six hundred and Fifth Eight only) along with 12percent interest from the date of Seven (07) Invoices. lA NO: 1 OF 2024 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 direct the Respondent No.02 to release the pending dues Rs. 1,63,23,658/- (Rupees One Crore Sixty Three lakhs Twenty three thousand Six hundred and Fifth Eight only) to the petitioner, who is the authorized distributor of Rate Contract Holder (Pharma company), pending disposal of the above writ petition. Counsel for the Petitioner; SRI PETA GNANA TEJA Counsel for the Respondent No. 1: GP FOR LABOUR Counsel for the Respondent Nos 3 and 4: M/S A V SAI LAKSHMI LEARNED COUNSEL REPRESENTING SRI K SANGAN NAIDU SC FOR ESIC The Court made the following order: f* APHC010411622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21123/2024 Between: 1.LAKSHMI PHARMA, REP. BY ITS MANAGING PARTNER MR.CH.SRINIVASA RAO S/0 CH.NAGABUSHANAM, 3-4-1, SHOP.NO. 12, VLR COMMERCIAL COMPLEX, KACHIGUDA, HYDERABAD- 27, TELANGANA STATE. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, LABOUR, FACTORIES, BOILERS AND INSURANCE MEDICAL SERVICES DEPARTMENT, BUILDING N0.5, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATHI - 522503. 2.THE DIRECTOR OF INSURANCE MEDICAL SERVICES, KESINENI BUS YARD, KAKNI VENKATA RATNAM ROAD, VIJAYAWADA, ANDHRA PRADESH - 521104. EMKEPADU 3.THE JOINT DIRECTOR, OFFICE OF JOINT DIRECTOR, VIJAYAWADA, INSURANCE MEDICAL SERVICES, ESI HOSPITAL PREMISES, GUNADALA, VIJAYAWADA. 4.THE DIRECTOR GENERAL, E.S.I. CORPORATION, PANCHDEEP BHAWAN C.I.G.ROAD, NEW DELHI - 110002. ...RESPONDENT(S): 2 Counsel for the Petitioner; 1.PETA GNANATEJA Counsel for the Respondent{S): 1.GP FOR LABOUR The Court made the following: ORAL ORDER: Heard Sri. Peta Gnana Teja, learned Counsel for the Writ Petitioners, Sri Abdul Rasheed, learned Assistant Government Pleader for Labour and Ms. A.V. Sai Lakshmi, learned Counsel representing Sri K. Sangan Naidu, learned Standing Counsel for ESIC. Sri Abdul Rasheed, learned Assistant Government Pleader for Labour has drawn the attention of this Court to the Para No.4 of the Counter Affidavit filed by the Respondent No.2 on 02.07.2025, which admits the claim amount of the Writ Petitioners for a sum of Rs.1,63,23,658/-. 2. It is clarified by the learned Counsel for the Petitioners that the Writ Petitioners had re-submitted the fresh bills after making necessary entries on the invoices in compliance with the Memo.R.C.No.840/CDS/2020 dated 24.02.2020. 3. Having considered the admission of the Respondents, this Court deems it appropriate to allow this Writ Petition, directing the Official Respondents to pay a sum of Rs. 1,63,23,658/- as full and final settlement within a period of sixteen (16) weeks from today, by completing all the inter-departmental and intra-departmental administrative process by cooperation and coordination between all the concerned departments and transfer the said amount to the bank accounts of the Writ Petitioners within a period of four (04) weeks thereafter. 4. 3 5. Writ Petitioners are directed to submit copies of their bank account details to the Competent Authority forthwith, for effective compliance. With these observations and directions, the Writ Petition stands allowed to the extent indicated. No order as to costs. 6. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- m. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Labour, Factories, Boilers and Insurance Medical Services Department, State of Andhra Pradesh, Building No.5, Andhra Pradesh Secretariat, Velagapudi, Amaravathi - 522503. 2. The Director of Insurance Medical Services, Kesineni Bus Yard, Kakni Venkata Ratnam Road, Enikepadu, Vijayawada, Andhra Pradesh - 521104. 3. The Joint Director, Office of Joint Director, Vijayawada, Insurance Medical Services, ESI Hospital Premises, Gunadala, Vijayawada. 4. The Director Genefal, E.S.I. Corporation, Panchdeep Bhawan C.I.G.R5^, iJew DelhLr 110002. 5. One CC to Sri. Peta^Gnana Teja Advocate [OPUC] 6. One CC to Sri. K Sangam Naidu SC for ESIC [OPUC] 7. Two CCs to GP for Labour High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsc <t3 HIGH COURT DATED:29/07/2025 ORDER WP NO. 21123 OF 2024 ALLOWING THE WP WITHOUT COSTS