' IN THE HIGH COURT OF ANDHRA PRADESH AMARAVAT (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35122 OF 2018 ^ Between: 1. M.Ravi, S/o Naidu @ Venkataswarny, Aged about 61 Assistant Lecturer, MRK Polytechnic, Veeravasaram, West Godavari District, AP. years, Retired 2. K.S.V.V.N.T.Lakshmi, W/o Krishna Rao. Aged 61 years, retired Assistant lecturer in English, MRK Polytechnic, Veeravasaram Godavari district, AP. West ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Labour, Employment, Training and Factories Dept, Secretariat buildings, Velagapudi, Guntur District, A.P., 2. Secretary and Correspondent, MRK Polytechnic, Veeravasaram, West Godavari District, AP. ...RESPONDENTS Petition under Article 22§^ 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 particular!^ one in the nature of Writ of Mandamus, i. declaring the action of the 2""^ respondent in not determining the amount of gratuity payable petitioners 1 and 2 on attaining of superannuation by them on 31.07.2017 and 31.01.2018 respectively though they are entitled as per definition of the 'employee' as defined in the Payment of Gratuity Act 1972 and the Payment of Gratuity (Amendment) Act 47 of 2009; ii. and consequently^. to the declare that the petitioners are entitled for Gratuity from 03.04.1997 along with interest as per the provisions of Payment of Gratuity Act 1972 and the Payment of Gratuity (Amendment) Act 47 of 2009 read with Notification Government; respondent to determine the amount of gratuity payable and to pay the same to the petitioners along with interest of justice. S.O1080 New Delhi dated 03.04.1997 issued by the Central iii. and direct the 2""^ interest, in the lA NO: 1 OF 201S 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 compute and determine per the Payment of Gratuity Act , pending disposal of the main pleased to direct the 2"^^ respondent to forthwith the gratuity amount of the petitioners 1972 and the pay the same to the petitioners, Writ Petition. ^ as Counsel for the Petitioners: SRI. ^ as Counsel for the Petitioners: SRI. BHANU PRIYA G ^ Counsel for the Respondent No.1: GP FOR LABOUR ^ Counsel for the Respondent No.2: SRI TURAGA SAI SURYA The Court made the following: ORDER APHC010726512018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] f THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35122/2018 Between: 1.M.RAVI. S/0 NAIDU @ VENKATASWARNY, AGED ABOUT 61 YEARS, RETIRED ASSISTANT LECTURER, MRK POLYTECHNIC VEERAVASARAM, WEST GODAVARI DISTRICT, AP. 2.K.S.V.V.N.T.LAKSHMI RETIRED ASSISTANT LECTURER POLYTECHNIC, VEERAVASARAM W/0 KRISHNA RAO, AGED 61 YEARS, IN ENGLISH, MRK WEST GODAVARI DISTRICT, ) 1 AP. ...PETITIONER(S) AND 1 THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL LABOUR, EMPLOYMENT, TRAINING AND SECRETARIAT BUILDINGS, VELAGAPUDI, SECRETARY, FACTORIES DEPT, GUNTUR DISTRICT, A.P., 2; SECRETARY AND CORRESPONDENT VEERAVASARAM, WEST GODAVARI DISTRICT, AP. MRK POLYTECHNIC, ...RESPONDENT{S): Counsel for the Petitioner(S): 1.BHANU PRIYAG Counsel for the Respondent(S): 1.GP FOR LABOUR (AP) 2.TURAGA SAI SURYA 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, , respondent in not determining the amount of gratuity payable to the petitioners 1 and 2 on attaining of superannuation by them on i. declaring the action of the 2nd \ 31.07.2017 and 31.01.2018 respectively though they are entitled as per definition of the 'employee' as defined in the Payment of Gratuity Act 1972 and the Payment of Grauity (Amendment) Act 47 of 2009 i. declaring the action of the 2nd respondent in not determining the amount of gratuity payable to the petitioners 1 and 2 on attaining of superannuation by them on 31.07.2017 and 31.01.2018 respectively though they are entitled as per definition of the 'employee' as defined the Payment of Gratuity Act 1972 and the Payment of Grauity (Amendment) Act 47 of 2009 Hi. and direct the 2nd respondent to determine the amount of gratuity payable and to pay the same to the petitioners along with interest, in the interest ofjustice.” 2. When the matter is taken up for hearing, learned Assistant Government Pleader for Labour would submit that, still there is a dispute over calculation of gratuity i.e., till 58 years or 60 years. 3. At this juncture, Ms.G.Bhanu-Priya, learned counsel for the Petitioner would submit that, let there be a direction to the Respondents to calculate the gratuity till 58 years and let them disburse the amount to the Petitioner. in 4. Considering the submissions made, without causing any prejudice to contentions of both parties, the Writ Petition is disposed of, directing the Respondent Authorities to release the gratuity of the Petitioners till the age of 58 years and disburse the said amount within a period of two months from this day. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed Sd/- M. RAMESH BABU GISTRAR DEPUTY //TRUE COPY// SECTION OFFICER To, Principal Secretary, Labour, Employment, State of Andhra Pradesh, Training and Factories Dept, Secretariat buildings, Velagapudi, Guntur District, A.P., Secretary and Correspondent, MRK Polytechnic, Veeravasaram, 1. The 2. The West Godavari District, AP. 3. One CC to Sri Bhanu Priya G, Advocate [OPUC] One CC to Sri Turaga Sai Surya, Advocate[OPUC] One CC to Sri K. Chidambaram, Advocate[OPUC] Two CCs to GP for Labour, High Court of Andhra Pradesh. [Otfff Three CD Copies. 4. 5. 6. 7. ssb .>1 ,4 \ high court DATED:01/05/2025 ORDER WP.No.35122 of 2018 •12:7-' ^AND O 5 19 JUL 2025 m o Current Section . P£ DISPOSING OF THE W.P. WITHOUT COSTS