B. K. SOMSEKHARA, J.

( 1 ) THE appellant herein, Sri V. Venkateswara Rao, who is the fifth respondent in W. P. No. 10449 / 87 has challenged the order of a learned single Judge of this court dated 14-4-1988. He was the Physical Director of S. M. V. M. Polytechnic, tanuku of whose Chairman filed the writ petition challenging the impugned order dated 2-6-1987 made by the Respondent No. 4, the Controlling Authority under the Payment of Gratuity Act, 1972 in P. G. Application 2/1986 filed by the 5th respondent wherein he directed payment of gratuity to him. The first respondent is the Government of Andhra Pradesh, the second respondent is the Commissioner of Labour and the third respondent is the Director of technical Education. Reference to them for the status in the writ proceedings is conveniently made in this Appeal.

( 2 ) THE undisputed factual graphic is being stated. The 5th respondent although was a Physical Director, was a member of the teaching staff in the polytechnic. He was superannuated and retired on 30-9-1984. His salary by then was Rs. 1,640/ -. The Polytechnic is an aided institution. There was no gratuity scheme for the employees of the Polytechnic. The petitioner (s

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