IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1774Q r>F :: AMARAVATI FEBRUAR^f^l^ n V V -vj V JbJ Between: Kelli Vasantha, W/o. late Kelli Years, R/o. Srinivas Nagar, Tekkali Vignesvara Rao, Hindu Srikakulam District. aged about 50 ...PETITIONER AND 1- Vajrapukothuru Primary Agricultural Co President, Vaj’rapukothuru Mandal, 2. The District Co-operative Societies, 3. The Divisional Co-operative Officer, District. -operative Society, Rep. by its Srikakulam District Srikakulam District Vajrapukothuru, Srikakulam ...RESPONDENTS Petition under Articie 226 of the Constitution the circumstances stated i be pleased to Issue of India praying that in in the affidavit filed therewith, the High Court a writ or order direction may more particularly one in thd under Art 226 of Constitution nature of Writ of Mandamus of India, respondent not releasing the retiral benefits declaring the action of the 1st of Gratuity and Earned Leave of the petitioner's late husband having representation from the petitioner as well received the death certificate and as her late husband illegal, arbitrary and void even after a lapse of 5 years pending the issue is as consequently directing the 1 release the terminal benefits as she is entitled. St respondent to I.A. NO: 1 OF 2012fWPMP. NO: 22717 OF 2012) 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 1®* respondent to release the gratuity and earned leave amounts with immediate effect. •> 'A Counsel for the Petitioner: SMT. AKELLA PADMA Counsel for the Respondent No.1: SMT. BOBBA VIJAYALAKSHMI Counsel for the Respondent Nos.2 & 3: GP FOR COOPERATION The Court made the following: ORDER % APHC010719792012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRTEENTHDAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17749/2012 Between: ...PETITIONER Kelli Vasantha AND Vajrapukothuru Primary Agricultural Cooperative Society ...RESPONDENT(S) and Others Counsel for the Petitioner: 1.A PADMA Counsel for the Respondent{S): 1. BOBBA VIJAYALAKSHMI 2.GP FOR COOPERATION The Court made the following Order: The learned counsel for the petitioner submits that the petitioner’s husband was appointed as a Secretary in the year 1977 and attained the age of superannuation on 31.07.2007. Though the petitioner’s husband attained the age of superannuation, the retiral benefits of gratuity and earned leave (E.L.) were not disbursed, and a representation was submitted by the petitioner’s husband during his lifetime seeking the release of the same. 2 2. The petitioner’s husband submitted a representation to the grievance 28.07.2008, and certain additional information was sought. The required information, as requested by the Joint Registrar District Co-operative Officer, Srikakulam, was also furnished by the petitioner’s husband. However, despite furnishing the required information, the respondents have not released the retiral benefits, gratuity, and earned leave. Meanwhile, the petitioner’s husband passed away on 29.06.2009. It is submitted that the petitioner subsequently followed up on the retiral benefits and filed the present writ petition. cell on This Court, vide order dated 22.01.2013, directed the respondents to release the gratuity and earned leave amounts with immediate effect. It is submitted that, in spite of a positive direction from this Court, the respondents have not released the amounts. The learned counsel appearing for the 1st respondent submits that the service register of the petitioner’s husband is not available with the respondent society as the same was not received from P.A.C.S. Bendi. There was a merger of two P.A.C.S in the year 2005, and the service register of the petitioner’s husband could not be traced. It is also submitted that for the year 2008-2009, certain amounts were to be recovered from the petitioner’s husband, and an amount of Rs. 2,39,432.98 is stated to be recoverable from him. It is further submitted that the competent authority to adjudicate the issue is the Assistant Labour Commissioner having jurisdiction, and that the 3. 4. 'fe.- 3 relief before this Court by way of a writ petition is petitioner’s attempt to seek not maintainable. have also stated that the petitioner s towards earned leave, as he The respondents, in their counter would be entitled to Rs. 1,70,333/- 5. husband worked in the society only for two years. It is submitted that the petitioner of her husband, except for a copy Be that as it may, there was a direction directing the respondents to release with immediate effect. However, the said date. Recording the non-compliance on hereby directs the 1st respondent to earned leave amounts to the date of receipt of this order. With these observations, this writ petition is disposed off. There shali be does not have any service certificates 6. of his death certificate. from this Court on 22.01.2013, 7. the gratuity and earned ieave amounts order has not been complied with till the part of the respondents, this Court compute and release the gratuity and the petitioner within a period of six (06) weeks from 8. order as to costs. no , misoeiianeous petitions pending, if any, shali stand closed. Sd/- M SRiNIVAS assistant registrar j As a sequel //TRUE COPY// / SECTION OFFICER To, President, Vajrapukothuru Primary Agricultural Co-operative 1. The Society, Vajrapukothuru Mandal, Srikakulam District 2. The District Co-operative Societies, Srikakulam District Divisional Co-operative Officer, Vajrapukothuru, Srikakulam 3. The District. 4. One CC to Smt. Akella Padma, Advocate [OPUC] CC to Smt. Bobba Vijayalakshmi, Advocate [OPUC] 5. One 6. Two CCS to GP for Cooperation, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED; 13/02/2025 ORDER WP.No.17749 of 2012 2« MAR 2025 ^ . Current Section . J disposing of the w.p. WITHOUT COSTS