\ IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY ,THE TWENTY FIRST DAY OF APRIlli' TWO THOUSAND AND TWENTY FIVE ^ AMAR 'LK 81© IJ ■ ■/ 'k. c> PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 580 OF 2018 PRATAPA Between: Sreeramulu Reddy aged 49 years, -797/1, - 517127. rdsp"^°.dri8c S' 1/- - vea., Thavanampall? MandLl 'cSr ' VIL. & PO, C.Hariprasad, K/o. Vadamala Villalge, >, j aged 48 years, Occ: Vadamalapeta PO & MDL., Fieldman, P03081 Chittoor. ''"4 V.Vijaya Kumar Reddy S/o Rri \/ i Occ: Cane Office Clerk PO3S2 CCS Quarters, Chittoor'District.' years,R/o. H.No.21-694, 6. aged 49 y^^ars ^Sc-^'cane q"'* '^^^^^'^'^andra Reddy, Erracheruvu Palle Village, 8. Munthaj, D/o Sri Shahul R/o. H.No.22-387, Chittoor Hammed, Occ: Sweeper P04n4n Kannikoil Colony, Tirupati Road, D.D.Venkata Prasad Occ: Cashier I/c, S/o Sri D.Rama Rao P05108, R/o. H.N0.21 aged 54 years, -684, CCS Quarters, Chittoor. 10. Oc”%T?n""' B'Venkatesulu UCC. Asst. Engineer I/c, P05122, R/o. Haidu, aged 53 years H.NO.28-861, K.N. ' Colony, Chittoor. 11. sHS.r»»~s.s: 12. A. years, ■ Rangachari Road, 13. K.Noor Mohmad, S/O "^ri r Occ ASST.ENGINEER T/r Palamaner Road H aged 47 years, • No.15-2464, Glory Gardeh \ B.Sundarababu, S/o B. Sreeramulu Naidu, aged 48 Occ: Foreman I/C, P05147, R/o. Matampalle Village,' Penumur Mandal, Chittoor. 15. P.Nageiswara Rao, S/o Sri V.J.Palani Chetty, aged 57 years, Occ: Fitter Helper, P05157, R/o. H.NO.13-14, Rangachari Chittoor. Y. Jayan, S/o Sri M. Yellapan, aged 49 years, Occ: Fitter-I I/C, P05158 R/o. Konapalle Village, Periyambadi PO., Yadramari (M),Chittoor. 17. C. Palani, S/o Sri S. Chokkalingam, aged 46 years, Occ: Fitter-II I/C, P05159, R/o. H.No. 6-510, Durgamma Gudi Colony Santhapeta, Chittoor. : / 18. K.M.Chandrasekar, S/o. Sri K.R.Munirathnam, aged 56 years Occ: Fitter-I I/C, P05160, R/o. Vettakar Street, Murukambattu Vil & PO ! Chittoor-517 127. i I i ^19. Kalpana, W/o Sri Balaram, aged 55 years, I Occ: Fitter Helper, P05161, R/o. H.No.28-1119, Kayanikattu ST, Ganganapalle, Thenabanda PO, Chittoor Dist. / 20. P.Kesava Reddy, S/o P. Raja Reddy, aged 51 years, Occ: Fitter I/c, P05164, R/o. H.NO. 21-774, CCS Officers Qtrs. Chittoor-517127 S- Khadar Basha, S/o. Sri S. Babu Shaheb, aged 47 years, Occ: Fitter-I I/C, P05165, R/o. Yadramari VIL & PO (M), Chittoor. / 22. S. Jayakumar, S/o K. Sundarraj, aged 48 years, Occ: Asst.Enginner I/C, P05169, R/o. Pachanapalle VIL.&PO,Chittoor. P. Kumar, S/o Ponnurangam, aged 41 years, Occ: Fitter-II I/C, P05171, R/o.H.No.5-132, Indra Nagar, Santhapeta Vil. & PO, Chittoor. A.S.Janakiraman, S/o Sri Subramani, aged 43 years, Occ: FITTER-II I/C, P05172, R/o. H.No.5/14, Krishnaswamy ST. 75, Doddipalle VIL.& PO., Chittoor. 25. Ci Prasad Reddy, S/o Sri C. Jyotheeswara Reddy, aged 46 years, Occ: Fieldman I/C, P05173, R/o.H.NO. 1-523, Ramireddy Street, Kattamanchi VIL & PO, Chittoor. 26. S.Gopal, S/o Sri S. Sundaresan, aged 46 years, Occ: Turbine Attndt I/C, P05176, R/o. H.NO.2-75, Sathyamma ST. Murukambattu VIL. & PO, Chittoor. S. Masion, S/o Sri S. Santhan Raj, aged 58 years, Occ: Security Officer I/C, P08026, R/o. H.No. CCS.Quarters, Chittoor-517127 R.V.Noothan Babu, S/o R. Venkata Rao, aged 49 years, Occ: Asst.Engineer I/C, P05146, R/o. H.NO.21-696, CCS EMP, QTRS Chittoor - 517127 years. 16. '23. 24. 28 19 T. Babu Reddy, S/o. Sri T.Padbhanabha Reddy, aged 45 years, Occ: Khalasi, P05149, R/o. H.No.21-687, CCS EMP, QTR.S, Chittoor-517127 X 30 T. Subramanyam, S/o Sri T. Manickyam, aged 44 years, Occ: Cane Inspector I/C, P03057, R/o. 103, Kondepalle Vil. Nellepalle Post. G.D.Nellore (M), Chittoor. / 31 V.Govindarajulu, S/o Sri V. Lakshmaiah, aged 47 years, Occ; Cane Office Clerk, P03084, R/o. Matampalle VIL., Kalavagunta PO, Penumur Mandal, Chittoor. ,/^32 R. Yugandar Babu, S/o Sri R. VARADA REDDY, aged 43 years, Occ: Generl Accountant i/C, P02070 R/o. Thenabanda Vil., Chittoor. /^3 A. Rajasekar, S/o. Sri N. Arjunan, aged 46 years, Occ: Fitter I I/C, P05166, R/O. Vijayanagar Koil ST., Kongareddypalle, Chittoor. ,.-^4 P. Sreenivasulu, S/o P. Gopal, aged 54 years, Occ: Clerk I/c, P05162, R/o.H.No.21-626, CCS Colony, Chittoor-517127 /35 P. Rajendra Reddy, S/o Sri P. Ramachandra Reddy aged 57 years, Occ: Cane Accountant, P02068, R/o.Patoor Vil. & Po. Puthalapattu Mandal, Chittoor. 36 K. Lakshmikantham, S/o Sri G. Krishnan, aged 58 years, Occ: Jamedar, P08023 r/o. H.No. 75, Doddipalle Vil & PO, Chittoor. 37 R.S. Reddappa Reddy, S/o N. Raghava Reddy, aged 45 years, Occ: D.Y. Ag. O.i/c, P03085, R/o.Sreerangapalle VIL, Papichetty Palle PO., Gudipala Mandal, Chittoor. P. Indirani, W/o Sri A.Subramanyam, aged 42 years, Occ: Sweeper, P04049, R/o. Kaiikiri VIL., Puthalapattu PO., Penumuru Mandal, Chittoor Dist. (Petitioners from 1 to 38 are the permanent employees) 39 Prasanna Kumar, S/o. Sri N. Balakrishna Reddy aged 41 years, Occ: MFG CHEMIST I/C, S06169, R/o. Krishnapuram VIL. Mallakunta PO., Thavanampalle (M), Chittoor. S.Mastan, S/O S. Sattar, aged 51 years, Occ:Juice Supervisor I/C, S06212, CCS Quarters, Chittoor-517127 M.K.Devarajulu, S/O M. Krishnan, aged 49 years, Occ; Field Man I/C, S06215, R/o. Muthireval Vil. & Po. Puthalapattu (M), Chittoor. 42 Ram Asis Prasad, S/o Sri Lakshmi Prasad, aged 40 years, Occ: Juice Sup. I/C, S06194, R/o. H.No.21-742, CCS Emp. Colony, Chittoor-517127 (Petitioners from 39 to 42 are the seasonal permanent employees) /43 G.Venkataiah, S/o G. Chinnapullanna, aged 58 years, Occ: Cane Inspector I/C (Code No.P03058), R/o.H. NO. 1-829 Paramatapalle Gadi Post, Kalikiri (M), Chittoor. N.Munisubramanyam, S/o Sri N.Krishnaiah, aged 58 years Occ: Cane Inspector I/C, P03070, R/o. H.NO.6-118, GANDLTk ST Chandragiri Mandal 8i PO, Chittoor. S.Devarajulu Naidu, S/O S. Subbaiah, aged 59 years Occ: Cane Inspector I/C, P03071, r/o. H.NO.2-579/1. Sathram Street, Kongareddipalle, Chittoor. % ■ 46 T.N.Ravi, S/o. Sri T.N.Nagarajan, aged 59 years, Occ: Typist, P03074, R/o. H.N0.21-793/A, C.C.S. Colony Chittoor 517127. 47 K.Dhanabagyam, W/o. K. Govindaswamy, aged 59 years Occ: Typist, P04047, R/o. 75,Doddipalle (VIL & PO) Chittoor 517127. N.Krishnamurthy, S/O G. Chinnabba, aged 58 years Occ: Foreman(Mech.) I/C, P05142, R/o. Sanyhasipalle, Kalavagunta PO, Chittoor Dist. P. Jayavelu, S/o V.J.Palani Chetty, aged 63 years Occ: Attender, P03080, R/o. H.No.13-178, Rangachari ST Santhapeta, Chittoor. K. S. Jyotheeswara Reddy, S/o Sri S.Krishna Reddy, aged 60 years, Occ: Sugar Godown I/C, P04004 R/o. H. No.21-765, CCS. Officers QTRS., Chittoor 517 127 E.Nagaraj, S/o Sri T.Ethirajulu, aged 60 years Occ: Asst.Engineer I/C, P05128, R/o. H. NO.2-576 Kongareddypalle, Chittoor. Rama Chandran, S/o. Sadaswamy, aged 60 years Occ: Attender, P08033, R/o. H. No.21-781, CCS Qtrs, MD. Ismail Basha, S/O MD.Hayath Basha, aged 63 Occ:. Fitter Helper, P05153, R/o. H. No.15-2077 Chittoor. D.B.Rammohan, S/o Bhakthavathsala Naidu, aged 62 years, Occ: Cane Inspector I/C, P03062 R/o. H.No.20-482, Anna Swamy, Mudali ST. Mittoor Chittoor Dist. ' B.V.Jayaseelan, S/o B.S.Venkatachalam, aged 60 years, Occ: Manager, Sales & Purchase, P02067 R/o. H.No.14-125, Phiran Saheb ST, Chittoor Dist. 49 r 50 51 Sathram ST., <^52 Chittoor- 517127. /53 years, Ashok Puram, 54 55 56 K.Chinnabba, S/o Chengaiah, aged 60 years, Occ: Watchmen, R/o.Sanyasipalle, Kalavagunta PO, Penumur Mandal, Chittoor. (Petitioners from 43 to 56 are the retired P08027 permanent employees) 1 / 57 Smt. A.Kalai Seivi, W/o. Late Sri V.Anand, aged 55 years Occ: P02069, R/o. H. NO. 3-84, Milk Dalr^ Sf Murukambattu Vil & PO., Chittoor 517127. / / ^58 Smt. B.Santhi, W/o ^ • Late Sri D. Kannan, aged 42 years, Occ: P05148, R/o. CCS Quarters, Chittoor-517127 (Petitioners 57 & 58 are the legal heirs of the deceased permanent employees) ..Petitioners AND 1. State of Andhra Pradesh rep., by its Secretary, Industries and Commerce, Sugar Dept, Velagapudi, Guntu Director of Sugar and Cane Commissioner, Government of AP, Garda Enclaye, H.NO: 12/545/A, Beside Kanaka Durgamma Varadhi Opp Muncipal Hospital, Tadepalli, Guntur Dist. The Chairman, The Chittoor Cooperatiye Sugars Limited, Chittoor Dist Andhra Pradesh-517001.. The Chittoor Cooperatiye Sugars Limited, rep., by its Managing Drector, Chittoor Dist, Andhra Pradesh-517001. Asst Commissioner, Provident Fund, Kadapa. r Dist. 2. 3. 4. 5. ..Respondents Petition under Article 226 of the Constitution Of India praying that in the circumstances stated in the affidavit tiled therewith, the High Court be pleased to issue any writ, order or direction nature of WRIT OF MANDAMUS declaring the respondents in not may particularly one in the inaction on the part of the paying the salaries from 01-01-2014 remittance from 01-12-2011 onwards and onwards, PF gratuity to the Petitioners from 1 to 42 and arrears of Salaries, PF and gratuity and other benefits Petitioners from 43 to 58 to the and 21 payment of the same as arbitrary, illegal and violative of Art. 14 direct immediate of the Constitution of India and together with interest at 12 % pa. lAj5iOM_OF2pi7 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 respondents to clear all pending salaries form 01-01-2014, PF remittance from 01-12-2011 onwards and gratuity to the petitioners form 1 to 42 and arrears of Salaries PF and gratuity and other benefits to the Petitioners form 43 to 58 Pending disposal of the above writ petition. 7 Counsel for the Petitioners: DR. P.B.VIJAYA KUMAR / Counsel for the Respondent No.1: GP FOR INDUSTRIES COMMERCE (AP) Counsel for the Respondents: SRI T. BALAJI The Court made the following: 7 r^ ^AA\i I 1 APHC011046512017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 580/2018 Between: E.n. Venkataprasad and Others ...PETITIONER{S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.AVS LAXMI Counsel for the Respondent(S); 1.TBALAJI 2.GP FOR INDUSTRIES COMMERCE (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 580/2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .pleased to issue any writ order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the respondents in not paying the salaries from 01.01.2014 onwards PF remittance from 01.12.2011 onwards and gratuity to the Petitioners from 1 to 42 and arrears of Salaries PF and gratuity and other benefits to the Petitioners from 43 to 58 as arbitrary, illegal and violative of Art. 14 and 21 of the Constitution of India and direct immediate payment of the same together with interest at 12 percent p.a., and pass...” 2. Heard Sri Dr.P.B.Vijaya Kumar, learned counsel for the petitioners and Sri T.Balaji, learned Standing Counsel for the respondents. 3. Learned Counsel for the petitioners would submit that this petition is filed seeking the salaries, retirement benefits due from the respondent No.3 along with interest @ 12%. Learned Standing Counsel for the respondent No.3 would submit that 4. the Government has released the amount vide orders dated 16.03.2022 and now the salaries and retirement benefits which are due to the petitioners are paid except the interest. Learned Standing Counsel for the respondent No.3 would submit that it is a fact that there is a delay in payment of salaries and retirement benefits to the petitioners due to the unfortunate situation. The factory is closed due to the loss, it is not functioning since 2014. Learned Standing Counsel would submit that though the since 2014 because of the closure petitioners are not working were given salaries till becaus^ of subsequehtly would further submit of the factory, they 30.04.2022. Learned Standing Counsel the financial constraints, closed in the year 2014 i would further submit that the factory was running in losses and Itself. Learned Standing Counsel that the petition may be disposed of. 5. Learned Standing Counsel for the respondent Nos. 3 and 4 placed the employees received the on record the bank statements to show that amount reiterate his stand that , the employees were oairi from the authorities. Learned Standing Counsel would though the Sugar factory is closed in the year, 2014 salaries upto 2022. There IS no due amount except the claim of interest, because the Sugar may consider and close the Writ Learned Standing Counsel Factory was running in losses, the Court Petition. would further submit that 6- Learned Counsel for the petitioners i may pass appropriate orders salaries and the amount due in reply would submit that the Court on the delayed payment of under Voluntary Retirement Scheme. regarding the interest 7. Considering the submissions shows, there is no due amount including permanent even though they have not dispose of the Writ Petition si made and the material placed on this day to all the 450 on record as employees amounts are paid It is apposite to in this matter. Coming to seasonal and unseasonal and their worked since 2014 to 2022. since no cause survives i 4 matter of right, unless it statute says so. In the the factory itself of interest, the employee cannot claim it as is shown that delay is deliberate for ulterior reasons or light of the peculiar circumstances of the present case was closed in the year 2014, but amount is due as on feels it appropriate to dispose of the petition. With these observations, the Writ Petition is disposed of. No order as to the point , as they have paid saiaries tiii 2022 and no this day, awarding interest is not warranted. This Court 8. costs. shall stand closed. Pending applications, if any Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Of Andhra Pradesh, Industries and Commerce, 1. The Secretary, State Sugar Dept, Velagapudi, Guntur dist. Government of AP, Garda Enclave H.NO 12/545/A, Beside Kanaka Durgamma Varadhi, Opp 2. Director of Sugar and Cane Commissioner Muncipal Hospital, Tadepalli, Guntur Dist. 3. The Chairman, The Chittoor Cooperative Sugars Limited, Chittoor Dist, Andhra Pradesh-517001. 4. The Managing Director, Chittoor Cooperative Sugars Limited, Chittoor Dist, Andhra Pradesh-517001. 5 The Assistant Commissioner, Provident Fund, Kadapa. 6. One CC to DR. P.B.VIJAYA KUMAR, Advocate [OPUC] 7. One CC to SRI. T. BALAJl, Advocate [OPUC] INDUSTRIES COMMERCE (AP) ,High Court of 8. Two CCS to GP FOR Andhra Pradesh. [OUT] 9. Three CD Copies sree high court DATED:21/04/2025 \ ORDER WP.No.580 of 2018 of O 26 SEP 2025 f coA Curr@nt Section disposing of thf WITHOUT COSTS W.P.