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2020 DIGILAW 611 (AP)

Ch Innayya v. State Of Andhra Pradesh

2020-09-11

M.VENKATA RAMANA

body2020
JUDGMENT M.Venkata Ramana, J. - Heard Sri V.S.K.Rama Rao, learned counsel for the petitioner, Sri P.Durga Prasad, learned Standing Counsel representing the respondent Nos.2 to 4 and Sri Maheswara Rao Kuncham, learned counsel for the fifth respondent. 2. The petitioner is a retired employee of APSRTC. There are certain amounts due and payable to him by the APSRTC as retiral benefits. It appears that on account of the arbitral proceedings initiated by the fifth respondent against the petitioner and others, an award was passed in A.O.P.No.10 of 2017 and it was sought to be executed in E.P.No.14 of 2018 on the file of the X Additional District Judge, Gurazala. Attachment of salary was directed in the above Execution Proceedings, under Order XXI Rule 48 CPC, and it was the subject-matter of C.R.P.No.748 of 2019 on the file of this Court. 3. The grievance of the petitioner is that the respondent Nos.2 to 4 representing the APSRTC have not released his retiral benefits which are to a tune of nearly Rs.18,00,000/- under the guise of the orders of the civil Court referred to above. 4. During the course of hearing, Sri P.Durga Prasad, learned counsel for the respondent Nos.2 to 4, agrees that in the absence of any restraint order to disburse the retiral benefits to the petitioner, the APSRTC cannot withhold such amounts. 5. In this context, learned counsel for the petitioner referred to the representation made by the petitioner, dated 22.06.2020, for release of his retiral benefits, to the respondent Nos.2 to 4, with a request to direct them to consider it. 6. In the above circumstances, this Writ Petition is disposed of, directing the respondent Nos.2 to 4 to consider the representation of the petitioner, dated 22.06.2020, within a period of six weeks from the date of receipt of a copy of this order in accordance with law and the rules applicable. Learned counsel for the petitioner is also directed to forward a copy of this order along with a copy of the representation of the petitioner, dated 22.06.2020, to the respondent Nos.2 to 4 for this purpose. There shall be no order as to costs. 7. Miscellaneous Petitions, if any pending in this case, shall stand closed.