✦ High Court of India · 18 Feb 2025

The High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,558 words

Petition under Articre 226 of the constitution of rndia praylng that in the circumstances stated in the affidavit filed therewith, the High court may be pleased toto issue a writ order or direction and more particularly one in the nature of writ of Mandamnus declaring the action of Respondant No,2 in not paying the unpaid salary of the Peititoner from dated 08-05-2023 till dated 30-11-2024 i9 arbitrary, illegal and unconstitutional and consequently direct remit thg unp4iQ Salaries of the Petitioner stating from 08-05-2023 to till dated tq the credit of Respondent No.2 Authority and with a further direction to Respondent No.2 to pay r n .i* with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Resporrdent No.3 to 5 Authority. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanees ptated in the affidavit filed in support of the petition, the High Court may !e pliase{ lo paqS inte!'im Cirection by direqtilg Respgndant Nq.2 to ! pqy the qnpald Falary of tle Peititoner from da:ed 08-05-2023 till dated 3O-11-2024 and pending disposBl of the above writ petilion. Cognsel for: the Petitioner : SBI SUBRAM|NYAII4 DARABOINA Qounselfor the Respondent No.1&4 : GP IOR GENERAL APMINI9IRAIION Cgunse! for the Respondent No.2&3 : AS$T.GP FOR SOCIAL WELFARE Qounse! for the Respondent No.5 : GP FQB FINANCE & PI-'ANNING i- The Court made the following: ORDER -.t ,! ORDER: HON'BLE MRS. JUSTICE SUREPALLI NANDA - WRIT PETITION No.915 OF 2025 Heard Sri Subramanyam Daraboina, learned counsel appearing on behalf of the petitioner, learned Government Pleader for General Adrninistration 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 Financc {'. :l and Planning appearing on behalf of respondent No.5.

2. The petitioner approached the Court sedking prayer 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 u ncon stitutiona I and consequently direct to remit the unpaid salaries of the petitioner stating from 0B-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 SN, J wP 915 2025 3. The ,:ase of the petitioner, in brief, is that the petitioner had been appointed as Attender to the Chairman, Telangana State Minorities Commission on 11.12.2023. The Chairman and staff of the Commission are not paid their monthly salaries from L1.12.2023. The Telangana State Minorities Commission Act, 1998 and R.egulations 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 18.10.2023 and 2'.t.12.2e23 for release of the salary of the petitioner thereunder in W.p. No. 536 of 202Ii and also submitted the representations for release of salaries ialong with arrears for the working staff of the 2nd respondent Commission. This Court had disposed of the said writ petition No. 536 of 2025 yrde order dated 07.0L.2025, directing the respondent Nos.2 to 5, thereunder to consider the I I i I I t J SN, J wP 915 2025 g1levance of the petitioner thereunder as put forth in the said represe ntatio ns. The petitioner herein also seeks similar relief for release of payment of arrears due to the petitioners 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. .r 'l

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 lrehalf 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 SN, J wP 915 2025

5. 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 thr: petitioner.

6. Takino into onsideration : (a) The facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social 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 O4.O5.2023 as Attender to the Chairman, Telangana State M inorities Commission, (d) The order of this Court dated 07.OL.?O2S passed in W.P, No. 535 ol 2O25 filed by OSD - 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 5 SN, J wP 9r5 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 regularty 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. , I e:'{ ,' 6 t (, SN, J w 915 2025 The miscellaneous applications, pending if any, shall stand , , closed. SD/.L. LAKSHMI BABU NT REGISTRAR IS ASSa\ JA To, \ ,/TRUE COPY// I I $ecrtoru oFFtcER

1. The Prl Secretary to Government GAD Telangana State At Dr BR Ambedkar ' Seiretrait lstate'of Telangana, Hyderabad' - aioii, et, Floor. Khairtibad, Hydrabad, TS' 2.TheChairman,TelanganaStateMinoliilesCommission'l-lMWSSts'Rear 3. The Prl Secretary ta Governemnt Minorities-Welfare Department Telangana " iilt" nt 6i'iin ni rii,oiii secietait, State of relansana' Hvderabad' 4. The chief lsecretary to Govqrnment, Telangana State At Dr BR Ambedkar - s"it"-tijit, siJie oitetangana, Hvderabad. 6. The Prl Serretary to Government f'!u!"e Department Telangana State Al Dr " 6il lil.#;i r-,'s.j"iEtJ,iat, State of Tefangana' Hvderabad 6 Qne CC to SRI SUBRAMANYAM DARABOINA, Advocate lOPU9l 7. Two CCs to GP FOR GENERAL ADMINISTRATION, High COUTT fOT thE StAtE of Telangana. [OUTI B Two CCs to GP FOR SO9IAL WELFARE, High Court for the State Qf TelangEna [QUT]

9. Two CCs to GP FOR FINANCE & PLANNING' High Court for the State of Telangana [OUT]

10.Two CD CoPies. BSK BS +.p i I I l I I , HIGH COURT DATED:18t02t2025 ORDER t4lP.No.915 of 2025 CC TODAY $,t- STr\ i 1 .; i- f, o o 1 I rlAR 2025 ).,,t t i:. ; OI l= * DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I I l I 7{ 1lbI

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