APHC010832522018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40136/2018 Between: 1. SRI Y. SHEKAR BABU, S/O. LATE SRI SUBBAIAH AGED ABOUT 61 YEARS, OCC.RETD. EMPLOYEE, R/O. RAILPET 3RD LANE, ONGOLE, PRAKASAM DIST, ANDHRA PRADESH. 2. SRI PATIBANDLA SINGA PRAKASAM, S/O. SUBBAIAH AGED ABOUT 62 YEARS, OCC. RETD. EMPLOYEE R/O. GANDHI NAGAR COLONY, KOPPOLU P.O. AND VILLAGE, PRAKASAM DISTRICT. 3. SRI CHITTURI SYAMALA RAO, S/O. VEERAIAH AGED ABOUT 61 YEARS, OCC. RETD. EMPLOYEE, R/O. AMBEDKAR NAGAR, MANDUVAVARIPALEM, THROVAGUNTA, PRAKASAM DISTRICT. 4. SRI MANDAVA VENKATA RAO, S/O. ANJAIAH, AGED ABOUT 62 YRS, OCC. RETD. EMPLOYEE, R/O. BASAVANNAPALEM (PO) AND VILLAGE, MADDIPADU MANDAL, PRAKASAM DISTRICT. 5. SRI DUMPA GOPALA REDDY, S/O. VENKATA SUBBAREDDY, AGED ABOUG 62 YRS, OCC. RETD. EMPLOYEE, R/O. D.NO.7- 1180, NEAR SSN DEGREE COLLEGE, ONGOLE, PRAKASAM DISTRICT. 6. SRI RACHAPUDI SATYANARAYANA, S/O. VENKATA RANGA RAO AGED ABOUT 62 YRS, OCC. RETD. EMPLOYEE, R/O. D.NO. 8-246, 4TH LINE, OLD SUJATHA NAGAR, ONGOLE, PRAKASAM DISTRICT. 7. SRI MANUKONDU SRINIVASA RAO, S/O. YERAKALAIAH, AGED ABOUT 62 YRS, OCC. RETD. EMPLOYEE, R/O. D.NO.40-10-10/3, KAMMAPALEM, 3RD LINE, NEAR SRI KODANDA RAMASWAMY TEMPLE, ONGOLE, PRAKASAM DISTRICT. 8. SRI INUKOLLU BUSI REDDY, S/O. RAMI REDDY, AGED ABOUT 62 YRS, OCC. RETD. EMPLOYEE, R/O. D.NO.10-3-48/1, KOTA REDDY NAGAR, KANDUKUR, PRAKASAM DISTRICT. 9. SRI DASARI BALA KOTAIAH, S/O. KOTAIAH, AGED ABOUT 61 YRS, OCC. RETD. EMPLOYEE, R/O. HARIJANAPALEM, AMBEDKAR NAGAR, ULAVAPADU VILLAGE AND MANDAL, PRAKASAM DISTRICT. 10. SRI ANDUGULAPATI VENKATA SESHACHALAPATI RAO, S/O. KOTESWAR RAO AGED ABOUT 62 YRS, OCC. RETD. EMPLOYEE, 2 R/O. 4-3-22 C/1, 13TH WARD, YADAVAPALEM, BAPTLA, GUNTUR DIST. 11. SRI GUDIPUDI BABU RAO, S/O. PAPAIAH, AGED ABOUT 62 YRS, OCC. RETD. EMPLOYEE, R/O. JAYANTHIPETA, PERALA, PRAKASAM DISTRICT. 12. SRI ATLA SWAMI RANGA REDDY, S/O. RANGA REDDY AGED ABOUT 61 YRS, OCC. RETD. EMPLOYEE, R/O. 1-129, REDDY NAGAR, BESTAWARIPETA, PRAKASAM DISTRICT. 13. SRI YERARNALA NAGESWARA RAO, S/O. MUSALAIAH AGED ABOUT 62 YRS, OCC. RETD. EMPLOYEE, R/O. MADDIRALAPADU P.O. AND VILLAGE, PRAKASARN DISTRICT. 14. SRI DHENUVA KONDA SEETHA RAMANJANEYULU,, S/O. SUBBARAMAIAH AGED 61 YRS, OCC. RETD. EMPLOYEE, R/O. PLOT NO.108, SURAKSHA APARTMENT, PHASE -2, MANGAMMAR ROAD, KOLLA HA. UMANTHA RAO NAGAR, LAWERPET, ONGOLE, PRAKASAM DISTRICT. 15. SRI ALAVALA NAGENDRA REDDY, S/O. VENKATESWARA REDDY AGED ABCUT 61 YRS, OCC. RETD. EMPLOYEE, R/O. 8-217-101, ALAVALA RESIDENCY, RAJEEV NAGAR, ONGOLE, PRAKASAM DISTRICT. 16. SRI PASUPULA VENKATESWARLU, S/O. VENKATASWAMY, AGED ABCUT 62 YRS, OCC. RETD. EMPLOYEE, R/O. D.NO.1-32, PAI VEEDHI, RAMALAYAM STREET, CUMBUM MANDAL, HAZARATGUDEM, PRAKASAM DISTRICT. 17. SRI KONICENA VENKATESWARLU, S/O. PEDA CHINNIAH, AGED ABCUT 61 YRS, OCC. RETD. EMPLOYEE, R/O. D.NO.10-46-5-1, COURT STREET, VISWANADHAPURAM, PODILI, PRAKASAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SPECIAL COMMISSIONER FOR COOPERATION, AND REGISTRAR OF CO-OPERATIVE SOCIETIES, SKYLARK TOWERS, SHYAMALA NAGAR, GUNTUR. 3. THE PRAKASAM DISTRICT COOPERATIVE CENTRAL BANK LTD, ADMINISTRATIVE OFFICE, ONGOLE, PRAKASAM DISTRICT REP BY ITS CHIEF EXECUTIVE OFFICER. 4. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AND CHAIRMAN, THE PRAKASAM DISTRICT CO-OPERATIVE CENTRAL BANK LTD., ONGOLE, PRAKASAM DISTRICT ...RESPONDENT(S): 3 Counsel for the Petitioner(S): 1. SRINIVAS KARRA Counsel for the Respondent(S): 1. B V ANJANEYULU 2. GP FOR AGRICULTURE (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus to declare the action of the 3rd respondent Bank in not paying the terminal benefits ie., Gratuity and Encashment of Earned Leave to the Petitioners in accordance with Clause 3 of Memorandum of Intent dated 11.01.2013 as well as the inaction on the part of the 3rd respondent bank in acting on the representation of the Petitioners dt. 4.9.2018 as illegal, arbitrary, unjust and violative of Articles 14 and 21 of Constitution of India by issuing appropriate Writ, Order or direction more particularly in the nature of MANDAMUS and consequently direct the 3rd respondent Bank to pay the Gratuity and Encashment of Earned Leave to the Petitioners as per the Service Regulations of the 3rd respondent bank after adjustment of amount already paid, if any.” 2. When the matter is taken up for hearing, learned Government Pleader for Agriculture would submit that, as per the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.60 of 2024, dated 22.02.2024, in view of the availability of an efficacious and alternate remedy to the Petitioners for adjudicating their claim before the Competent Authority, this writ petition is not maintainable and the same may be disposed of. 3. Sri Srinivas Karra, learned counsel for the Petitioners would submit that the petition may be disposed of by giving liberty to the Petitioners to adjudicate their claim before the appropriate authority. 4 4. For ready reference, relevant para of the judgment dated 22.02.2024 passed in Writ Appeal No.60 of 2024 is extracted hereunder: “9. A reading of Section 7 of the Act clearly demonstrates that the act of computing dues and directing payment and the first adjudication of any dispute in this regard, is in the exclusive domain of the Controlling Authority, constituted under the Central Act of 1972 and that being the position under the statute, we are of the considered opinion that a Writ Petition is not maintainable in view of the availability of an efficacious and alternate remedy.” 5. Considering the submissions made and in view of the above judgment, the Writ Petition is disposed of. However, it does not preclude the Petitioners from approaching the Competent / Controlling Authority and prefer necessary applications for adjudication of their claims regarding non-payment of their gratuity and other terminal benefits. If such applications are made within one month from the date of receipt of copy of this Order, the Competent / Controlling Authority shall endeavour to hear and dispose of the same within three (03) months thereafter. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:08.07.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.40136 of 2018 Dt.08.07.2025 Dinesh