COMMON ORDER:

W.P.No.3637 of 2004 is filed by the petitioner seeking direction to the respondents to pay all retirement benefits, such as gratuity, leave encashment, medical leave salary for a period of six months, working days salary for the months of March and April, 2002, Increment arrears, adjustment bills, T.A.Bills, 1993 pay fixation, E.P.F, 16 years service fixation arrears and 1999 fixation arrears with 18% interest from 30.04.2002.

2. W.P.No.16864 of 2005 is filed by the petitioner seeking direction to the respondents to pay the balance gratuity amount of Rs.1,46,750/- by duly declaring the proceedings vide R.C.No.629/2002(A), dated 24.03.2005 issued by respondent No.3 as illegal, arbitrary and contrary to the provisions of Payment of Gratuity Act, 1972 as well as the Bye-laws of the Adilabad District Co-operative Marketing Society Ltd., Adilabad. 3. During the pendency of the W.P.No.3637 of 2004, in W.P.M.P.No.4784 of 2004 in W.P.No.3637 of 2004, by Order dated 27.02.2004, this Court passed the following Order:

“Respondents are directed to release the gratuity amounts to the petitioner, as per his eligibility, within two weeks from the date of receipt of a copy of this Order.”

On the direction of this Court, the Department has represented vide Lr.No.629/2002/A, dated 04.02.2005/03.02.2005, as follows:

“The society is liable to pay gratuity and leave salary as stated below to the employee:

1.Gratuity (36 years & 9 months Service) Rs.2,49,750/-

2.Leave Salary (For 133 days as per Service register) Rs.55,732/-

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Total: Rs.3,05,482.50 -----------------------

Orders have been issued according sanction for payment of an amount of Rs.3,05,482/50 Ps. to Sri B.Narayana Rao, Business Manager, Accounts.”

4. Accordingly, the Contempt Case filed by the writ petitioner was closed. Later, the learned Counsel for the writ petitioner contended that after closing of the Contempt Case, respondents issued modification orders vide proceedings No.629/2002(A), dated 24.03.2005 and paid only Rs.1,03,230/- towards gratuity, as such he filed another writ petition for balance of payment of Rs.1,46,750/-.

5. The learned Counsel for respondents opposed the same and stated that the Order dated 03.02.2005 was merged in Order dated 24.03.2005 and thus they are not liable to pay any amount. If at all, the writ petitioner is due to receive any amount, it is for him to give representation to the concerned Department requesting for payment of balance amount, but he failed to do so and directly filed another writ petition, as such the writ petition filed by him itself is not maintainable.

6. Admittedly, the writ petitioner herein was retired on 30.04.2002 and these writ petitions are filed in the years 2004 and 2005, as such this Court is not inclined to remand the matter again and this Court feels that modifying the amount after closing of the contempt case is not proper and thus this Court finds that it is just and reasonable to direct the respondents to pay the balance amount of Rs.1,46,750/- to the writ petitioner herein within one month from the date of this Order i.e., 21.04.2025, failing which respondents are directed to pay the said amount along with interest @ 7.5% per annum from 21.04.2025 to till the date of realization.

7. Accordingly, the present writ petitions are disposed of with the above direction. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE P.SREE SUDHA DATE: 21.03.2025 tri THE HONOURABLE SMT. JUSTICE P.SREE SUDHA WRIT PETITION Nos.3637 of 2004 & 16864 of 2005 DATE: 21.03.2025 TRI