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High Court for State of TelanganaWP/10761/2005disposed of no costs

T.P.V. Prasada Rao, (Died) v. The Government Of Andhra Pradesh, And 5 Others

2018-12-21Abhinand Kumar Shavili3 pages

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.10761 OF 2005

ORDER

This writ petition is filed seeking the following relief: "to grant a direction/s order/s writ/s more so in the nature of Writ of Mandamus declaring the action of the respondents in terminating the petitioner from service without any basis or notice or without following any rules is illegal, arbitrary, unconstitutional and against the principles of natural justice, and directing the respondents to continue the petitioner as UDC until he attains superannuation i.e age 60 of years as per Standing Rules of the Board of Andhra Christian College Under Rule D-38 and direct the respondents to pay all benefits with all consequential reliefs' to the petitioner and be pleased to pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of thee case"

Learned counsel appearing for the petitioner submits that during pendency of the writ petition, the petitioner expired and his legal representatives were brought on record and that appropriate orders be passed directing the respondents to release pensionary benefits to them by duly taking into consideration the age of the deceased petitioner as 58 years.

Learned Standing Counsel appearing for the 3rd respondent submits that appropriate orders will be passed by releasing terminal benefits of the deceased petitioner in order

to pay the same to his legal representatives by taking the age of retirement of the deceased petitioner as 58 years. Having considered the rival submissions made by the learned counsel on either side, ends of justice would be met if a direction is given to the 3rd respondent to settle terminal benefits of the deceased petitioner to his legal representatives. Accordingly, the Writ Petition is disposed of directing the 3rd respondent to settle terminal benefits of the deceased petitioner and pay the same to his legal representatives, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 21st December, 2018 rkk