The High Court · 2025

Judgment

5. The state of relanoana Rep by prr secretary to Government GAD Telangana State At Dr BR Am6edkar Sbcri:trait, nyOerr6jO.--'- *-'- The Chairman, Telangana State Minorities Commission, HMWSSB, Rear Block,4th Ftoor, Khailtabad, Hrdr;b;d;is. - The-State of Telangana, Rep.by prl Secretary to Governemnt Minorities wettare Deoartment Telangana State At Dr BR Ambedkar Secretrait, Hyderabad. The State of Telangana, Rep.by Chief Secretary to Government, Telangana State At Dr BR Am-bedkbr sbcr6trait, HvO"rrLjl.'- -- The State of Telangana, Rep.by prl Secretary to Government Finance uepanment tetangana State At Dr BR Ambedkar Secretrait, Hyderabad. ...RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High'court miy be pleased to issue a writ order or direction and more particularlfone in the nature of writ of Mandamus declaring the action of Respondent No.i in not payinj the unpaid salary of the Petitioner from dated 08-05-2023 tifl dated so-l,t]zoll is arbitrary, illegal and unconstitutional and consequenfly direct remit the unpaid Salaries of the Petitioner stating from 08-05-202s to iitt dated 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 ol such credit from Respondent No.3 to 5 Authority. n lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass interim direction by directing Respondent No.2 to 5 pay the unpaid salary of the Petitioner from dated 08-05-2023 till dated 30-11-2024 and pending disposal of the above writ petition. Counsel for the Petitioner: SRI SUBRAMANYAM DARABOINA Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2 to 4: GP FOR SOCIAL WELFARE Counsel for the Respondent No.S: GP FOR FiNANCE The Court made the following: ORDER o ORDER: HON'BLE MRS. IUSTICE SUREPALLI NANDA T PETIT o N o. 0 1 OF zo25 I ,HeardSriSubramanyamDaraboina,learnedcounsel appearing on behalf of the petitioner' learned Government Pteader 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' The petitioner approached the Court seeking prayer 2 as under: "...to issue a Writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of Respondent No'2 in not paying the unpaid salary of the Petitioner from dated 08-05- 2023 till 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'z 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 '"' _--\_1 l 2 SN, J wP r08 r 2025 3. The case of the petitioner, in brief, is that the petitioner had been appointed as Attender to the Chairman, Telangana State Minorities Commission on 08,05.2023. The Chairman and staff of the Commission are not paid their monthly salaries from

11.L2.2023. The Telangana State Minorities Commission Act, 1998 and Regulations 2000 mandates the State Government to provide the required budget to carry out operations in its true spirit but the respondents however failed to act and provide sufficient budget for the functioning of Telangana State Minorities Commission. The Chairman, Telangana 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 lg.lO.2023 and 27.I2.2023 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 along with arrears for the working staff of the 2nd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 vide order dated 07.OL.ZO2i, directing the respondent Nos.2 to 5, thereunder to consider the J SN, J wP t08l 2025 grievance of the petitioner thereunder as put forth in the said representations. The petitioner herein also seeks similar relief for release of payment of arreats due to the petitioner since the date of appointment i.e. from 08.05.2023 as Attender 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. The learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondents submits that as on date the petitioner 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-forth 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

5. SN, J wP t08l 2025 The learned Assistant Government pleader for Social 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 counsel appearing on behalf of the petitioner and the tearned Assistant Government pleader for Socia! Welfare, (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 Attender to the Chairman, Tetangana State Minorities Commission, (d) The order of this Court dated Ot.OL,2O2S passed in W.p. No_ 536 of 2O2S fited 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 1 I I a 5 SN, J wP l08l 2025 no inaction on behalf of respondents in considering the grievance of the petitioner herein as alleged by the petitioner, since even according to the petitioner, the grievance of the petitioner had not been communicated by the petitioner to the 2nd respondent herein 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 release of unpaid salaries of the petitioner since the petitioner's appointment as Attender 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 respondent Nos.2 to 5 shall consider the said representation of the petitioner in accordance to law, and pass appropriate orders within one (O1) week thereafter and duly communicate the decision to the petitioner on the said representation. However, there shall be no order as to costs. .'a. 6 SN, J wP r0 2025 The miscellaneous applications, pending if any, shall stand closed. SD/- N.CHANDRA SEKHAR ASSISTANT REGISTRAR //TRUE COPY// /I ECTION OFFICER To, State At Dr BR Ambedkar Secretrait, Hyderabad. State At Dr BR Ambedkar Secietiaii. HvoeLU"al

1. The Prl Secretarv to Government GAD, The State of Telangana, Telangana Z Il".Cn_qirg_an, Tg-tangana State Minoriiies Commission, HMWSSB, Rear ^ BlocK 4th Floor. Khairtabad, Hydrabad, TS. 3 The Prl Secretary to Government Minorities welfare Department rhe state of . tetangana, Telangana State At Dr BR Ambedkar Secreirait, Hvderabad. 4 lltq Chret Secretary to. Government, The State of Telangana, ielangana 5. The Prl Secretary to Government Finante Department The State df _ retan_gana, Ietangana State At Dr BR Ambedkar Secretrait, Hyderabad. 6. ONE CC tO SRI SUBRAMANYAM DARABOINA, AdVOCAIE IbP'UCI 7. Two ccs to GP FoR GENERAL ADMrNrsrRATloN, High'Courtiirr the State 8 lwo CCs to GP FOR SOCTAL WELFARE, High Court for the State of 9. Two CCs to GP FOR FtNANCE, High Court for the State of Telangana. [OUT] 10.Two CD Copies of Telangana. [OUT] Telangana. [OUT] BN o PSK , f CC TODAY 5TATE g tt $\t NF c i, A i ('r :J \t) I Di.:t' HIGH COURT DATED:1 810212025 ORDER WP.No.1081 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS s