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SUREPALLI NANDA
K. Dora Reddy – Appellant
Versus
Sports Authority of Andhra Pradesh – Respondent
ORDER :
1. Heard learned counsel for the petitioner and learned standing counsel for the SAAP appearing for the respondent.
2. This writ petition is filed to issue a writ of Mandamus or any other appropriate writ, order or orders, direction or directions declaring the action of the respondent in not releasing the Pay arrears of Rs.4,48,274/-, non-fixation of full pension with effect from 01.07.2004 and non-payment of other retirement benefits like Gratuity to the petitioner on the ground of pendency of the charges pertaining to the period 1985 to 1994 without passing any final order as illegal, arbitrary and unconstitutional and to issue a consequential direction to the respondent to release the pay arrears of Rs.4,48,274/-, to release the full pension with effect from 01.07.2004 and to pay the other retirement benefits like Gratuity to the petitioner forthwith and also to pay interest on the above amounts.
3. The case of the petitioner, in brief, is as follows:
Pension is a constitutional right and cannot be withheld without lawful authority; delays in payment warrant interest.
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....
Writ petition decision underscores that withholding terminal benefits violates statutory rights under labor law, mandating their release with interest.
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.
The right to receive pension and gratuity is recognized as a property and cannot be deprived except by having recourse to law in view of Article 300-A of the Constitution of India. The power of the S....
Point of Law : It is clear like a noon day that the retiral dues of an employee like petitioner cannot be allowed to withhold because the documents were not received by any department from other depa....
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