Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAHESWARA RAO KUNCHEAM
Tella Bhaskara Rao, S/o. Sri Ramulu, Hindu – Appellant
Versus
State of Andhra Pradesh Rep by its Principal, Secretary, Department of Cooperation – Respondent
| Table of Content |
|---|
| 1. petitioner seeks unpaid benefits and salary. (Para 1 , 2 , 4 , 5 , 6) |
| 2. petitioner did not receive payments causing difficulties. (Para 3 , 7) |
| 3. respondents argue financial incapacity. (Para 8 , 9) |
| 4. court's analysis of non-payment validity. (Para 11 , 14) |
| 5. statutory rights of gratuity and payment timelines. (Para 17 , 19 , 20) |
| 6. rights to interest on delayed gratuity payments. (Para 21 , 22 , 24) |
| 7. court orders payments and compliance timeline. (Para 30 , 31) |
ORDER :
Maheswara Rao Kuncheam, J.
The present writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following main relief:
“to declare the action of the respondents though the petitioner is entitled for arrears of salary of Rs.2,28,260/- and gratuity, encashment of earned leave not releasing retiral benefits to the petitioner till date without any valid reasons prolonging the issue with a malafide intention as illegal, arbitrary and void and consequently direct the respondents to release the arrears of salary and terminal benefits with interest and to pass…..”
2. Heard Smt.Akella Padma, learned counsel for the petitioner, learned Assistant Government Pleader for re
Retirement benefits, including gratuity and leave encashment, are statutory rights under the Payment of Gratuity Act, 1972, mandating timely payment regardless of the employer's financial situation.
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
Point of Law : It hardly needs to be emphasized that the executive instructions are not having statutory character and, therefore, cannot be termed as "law" within the meaning of aforesaid Article 30....
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
