THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.14839 OF 2005

ORDER:

This Writ Petition is filed seeking the following relief:

“…to pass an order or issue a writ, particularly one in the nature of Writ of Mandamus declaring that the action of the respondent in accepting the resignation of the petitioner even after the said resignation was withdrawn instead of accepting his VSS application and paying connected benefits, with-holding the service benefits like provident-fund Gratuity etc., as illegal and consequently to direct the respondent to release the VSS benefits and payable the service benefits like Provident Fund, Gratuity etc., forthwith the interest at 18 % p.a and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Heard Sri P. Venugopal Reddy, learned counsel representing Sri B.G. Ravinder Reddy, learned counsel for the petitioner and Perused the material on record.

3. Brief facts of the case are that the petitioner was appointed in the respondent Corporation on 02.01.1976 at Sindri and promoted as RDM Rolls in 1980, Assistant Chief Engineer in 1982, and Deputy Chief Engineer in 1986, continuing to work as such till the relevant time. While pursuing an MBA programme at the University of Leeds, UK, sponsored by the Bureau of Public Enterprises, Government of India, the petitioner’s only son died, forcing him to return to India on 21.03.1989. The petitioner completed the course in India with special permission due to his wife’s severe mental shock and deteriorating health, which ultimately led him to apply for VRS. His request for VRS was not accepted, leading him to resign on 08.03.1991, but the respondent did not respond. Later, through letters dated 09.09.1991 and 19.10.1991, the petitioner withdrew his resignation and requested reconsideration of his VRS, but the respondent rejected the VRS and accepted the resignation despite withdrawal. The respondent withheld the petitioner’s Provident Fund, gratuity, and other service benefits since 1991, ignoring repeated requests and legal notices in 2004. Aggrieved by the illegal acceptance of resignation and withholding of dues, the petitioner filed the present Writ Petition.

resignation and alleged amounts due to the department, the petitioner’s benefits have been withheld and remain unpaid to date.

the Writ Petition is not maintainable as it has been filed after a lapse of 12 years. Furthermore, it is submitted that there is an amount of approximately Rs.43,600/- due from the petitioner to the respondent.

6. Taking into consideration the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, the Writ Petition is disposed of with a direction to the petitioner to make a fresh representation to the respondent within a period of four (4) weeks from the date of receipt of a copy of this order, specifying the benefits claimed. Upon receipt of such representation, the respondent shall consider the same, determine the amounts due from the petitioner, recover any such amounts from the benefits payable to the petitioner, and disburse the balance amount to the petitioner within a period of eight (8) weeks thereafter. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.

____________________________ NAMAVARAPU RAJESHWAR RAO, J Date: 01.09.2025 HFM