HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.38583 of 2022

ORDER:

Heard C.Rajashekar Reddy, learned counsel appearing on behalf of petitioner and T.Srujan Kumar Reddy, learned standing counsel appearing on behalf of the respondents.

PERUSED THE RECORD

2. The petitioner approached the Court seeking the prayer as follows:

“......to issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus and to declare the action of the Respondents is not extending the benefit i.e., the difference of Gratuity on the revised pay scales and Encashment of Leave, the period between i.e., 01/11/2002 to 31/03/2006 on par with the existing employees of the District Cooperative Central Banks in the State as per the award i.e., Memorandum of Settlement dated 07/07/2008 to that effect the Circular dated 14/08/2010 which was issued by the respondents on the same the 70 Percent of respondents banks were implemented, wherein, the petitioners association Banks were not implemented is highly illegal, arbitrary, unreasonable and discriminatory and also inviolation of Article 14, 16 and 21 of the Constitution of India and consequently direct the Respondent Banks to pay the difference of Gratuity and Revised Pay Scale and Encashment of Leave from the period i.e., 01/11/2002 to 31/03/2006 on par with the existing employees in the Respondents Bank in the State to the retired employees. In the similar circumstances this Honourable Court was pleased to passed a final orders in WP.No.7569/2013 dated 04/04/2016, the petitioners association seeking the same relief and to pass…”

3. It is represented by both the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondents on record that, the subject issue in the present Writ petition is squarely covered by the order of this Court dated 04.04.2016 passed in W.P.No.7569 of 2013 and hence, the present writ petition could be disposed of in terms of the order of this Court dated

04.04.2016 passed in W.P.No.7569 of 2013.

4. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of respondents for the reasons alike in the above referred order dated 04.04.2016 passed by this Court in W.P.No.7569 of 2013, the Writ Petition is disposed of, directing the respondents to take appropriate action in terms of the Memorandum of Settlement dated 07.07.2008 and the consequential circular dated 14.08.2010 within a period of three (03) months from the date of receipt of copy of this order.

I t is however observed that upon verification of the records, if the record indicates that the employees obtained loans and amounts are due towards the said loans, the said loan amounts are directed to be recovered first prior to releasing the gratuity amounts due to the employees. However, there shall be no order as to costs.

Miscellaneous petitions, if any, pending shall stand closed.

__________________________ MRS JUSTI CE SUREPALLI NANDA Date:01.04.2025 ktm THE HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.38583 of 2022 DATED: 01.04.2025 ktm