High Court · 2025

...EFpPoNDENTE Petitiorl under Artiqre 226 of the consritutiqn of rndia prayiqQ thqt in thF cirpumgtanpeg statgd in the affidqyit fiteg tfergyrith, the High Qogrt may he pleased to issue a Writ order or direction And more particularly one ln thg nalurq of writ of Mandamus decraring the action of Respondent No.2 tg 5 p"y th" unpaid salary of the Petitionqr from dated 08-05-2029 tiil dqted 3e-11-2024 ia arbitrary, illegal and uncgnstitutionat and consequently dirqgt reqrlt thg unpaid salaries of the Petitioner stating from 08-05-20?3 to till dated tQ the credit of Respondent No.4 Authority and with a further direction to Respondent No.4 to pay with immediate effept the unp4id salary of the petitioner upon repeipt of such credit from Respondent No.2 Authority lA NO: 1 OF 2025 Petition underr Section '15'1 CPC prayingi/that in the circunrstances stated in the affidavit filed in support of the petition, the High Court may !q plqgsefl lo pagp interim direction by directing Respondent No.2 to 5 pay thq Unpaid salary of the Petitioner from dated 081Q5/2023 till dated 30/1 112024 and Bendilg disposal of thg above writ petition Cognsql for the Pqlitioner: SRl. SqFRAMANYAM DARABOINA poqnsel fol the Respondent Np.1: 9P FOB 9FNEBAL ADMINISTRAJION Gounsg;for lhe Respondent Nos, 2&$: AGP FOB SOCIAL WELFABE $qgnsgl for the Rgppo1{gnt go.5; QP FOB FINANCE The Cqfrt made the follgwing: ORAER l ORD ER: HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.1O73 OF 2025 -- a Heard Sri Subramanyam Daraboina, tearned counsel appearing on behalf of the petitioner, learned Government Pleader for General Administration appearing on behalf of respondent No.1, learned Assistant Government pleader for Social Welfare, appearing on behalf of respondent Nos.2 and 3 and learned Government Pleader for Finance and Planning appearing on behalf of respondent No.5.

2. The petitioner approached the Court seeking prayer as under: "...to issue a Writ, order or direction and more particularly one in the nature of writ of l,landamus declaring the action of Respondent .No.2 in not paying the unpaid salary of the Petitioner from dated 08-05- 2023 tll dated 30-11-2024 is arbitrary, illegal and unconstitutional and consequently direct to remit the unpaid salaries of the petitioner stating from 08-05- 2023 to till date to the credit of Respondent No.2 Authority and with a further direction to Respondent No. 2 to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent Nos.3 to 5 Authority and to pass...". 2 3 SN, J wP t0'73 2025 Th€) case of the petitioner, in brief, is that the petitioner had been appointed as Additional Driver to the Chairman, Telangana State Minorities Commission on 08.0s.2023, The . Chairman and staff of the Commission are not paid their monthly salaries from lL.lZ.ZO23. The Telangana State Minorities commissicn Act, 1999 and Regurations 2000 mandates the state Government to provide the required budget to carry out operations in its true spirit but the respondents however faired to act and pr.vide sufficient budget for the functioning of Terangana State Minorities Commission. The chairman, Terangana state Minorities commission had represented in respect of the petitioner and other working staff of the 2nd respondent commission and also approached this Court by filing W.p. No. 536 of 2025 seeking a direction to consider the petitioner's representations dated 18.10.2023 and .>7.L2.2023 for release of the salary of the petitioner thereunder in W.p. No. 536 of 2025 and also submitted the representations for release of salaries for the working staft of the znd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 vide order dated 07.01.2025, directing the respondent Nos.2 to 5, thereunder to consider the grievance of ,{ J SN, J wP 1073 2Q25 the petitioner thereunder as put I forth in the said representations. The petitioner herein also seeks similar relief for release of payment of arrears due to the petitioner since the date of appointment i.e. from 08.05.2023 as Additional driver to the Chairman. Telangana State Minorities Commission and further for release of salary regularly to the petitioner every month, Hence the petitioner approached this Court by filing the present writ petition.

4. Tlre learned Assistant Government Pleader for Social Welfare appearing on behalf of tlte respondents submits that as on date the petitionei- had not represented to the 2nd respondent herein and hence no writ of Mandamus can be issued as prayed for in the present writ petition. The learned counsel appearing on behalf of the petitioner submits that the petitioner may be directed to put-fofth petitioner's grievance to the respondents through a representation and the respondents may be directed to consider the same in accordance to law within a reasonable period. 4 SN, J wP l07l 2025 The learned Assistant Government pleader for Social

5. Welfare appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

6. Takinq into consideration : (a) The facts and circumstances of the case, (b) The submissions made by the learned counset appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social Wetfare, (c) The fact as borne on record that the petitioner had not represented as on date and put forth the grievance of the petitioner as put forth in the present writ petition seeking release of petitioner,s unpaid salaries since the date of petitioner,s appointment i.e from 08.05.2023 as Additional Driver to the Chairman, Telangana State Minorities Commission, (d) The order of this Court dated O7.Ot.2OZs passed in W.P. No. 53G of 2025 filed by Chairman, Telangana State Minorities Commission, This Court opines that no Writ of Mandamus as prayed for by the petitioner can be issued, since there is \ , I I I 5 SN, J wP 1073 2025 no inaction on behalf of respondents in considering the grievance of the petitioner herein as alleged by the petitioner, since even acfording to the petitioner, the grievance of the petitioner had not been communicated by the petitioner to the 2nd responcient hercin as on date. The writ petition is however disposed of directing the petitioner to make a representation to the respondent Nos.2 to 5 seeking retease of unpaid salaries of the petitioner since the Petitioner's appointment as Additional Dr:ver to the Chairman, Telangana State Minorities Commission i.e. from 08.05.2023 and to continue to pay the salaries to the petitioner regularly within a period of one (1) week from the date of receipt of a copy of this order. Upon the petitioner making such representation to the respondent Nos.2 to 5, the respohdent Nos.2 to 5 shall consider the said representation of the petitioner in accordance to law, and pass appropriate orders within one (01) week thereafter and duly communicate the decision to the petitioner on the said representation. However, there shall be no order as to costs. 6 (' SN, J wP t073 2025 The nriscellaneous applications, pendino if any, shall stand closed. To, //TRUE COPY' SD/.1. LAKSHMI BABU ASSISTANT REGISTRAR I l\'-- - L',SECTTON OFFTCER

1. The Principal Secretary to Government GAD Telangana State At Dr BR Ambedkar Secretariat Hyderabad.

2. The Chairman, Telangana State Minorities Commission, HM\NSSB, Rear Block, 4th Floor, Khairtabad, flydraba{, TS. Department Telangana State Dr BR Ambedkar Secretariat Hyderabad. Telanoana State At Dr BR Ambedkar Secretariat Hvderabad

3. The State Of Telangana, Prl Secretary to Government lvlinorities Welfare 4 fhe State Of Telangana, Chief Secretary to Government, Telangana 6tate At 5. The State Of Telangana, Prl Secretary to Government Finanr:e Department O One Ct to SRI. SUBRAMANYAM DABABOINA, Advocate [(]PUC] ?. Two Ccs to Gp rQn GENERAL ADMINISTRATION Hisl' Court for the state I, Two CQs to GP FQR SOCIAI- WELFABE, High Court fBr the State o[ I Two CQs to GP FOR FINANQE, High Cgurt for the State of Telangana, at otTelangana at Hyqerabad [OUT] Telangana. at Hydgraba$ [OUT] HydeiaQad [OIJT]

10. Two CD Copies BM E$l- o^rny HIGH COURT DATED:18t02t2025 ORDER WP.No.1073 ot 2025 CC TODAY { € SI ArE q 9" 1s \t\rfl 825 o ), n t DISPOSING OF THE WRIT PETITION IAIITHOUT COSTS