High Court · 2025
Case Details
Acts & Sections
...RESPONDENTS Petition under Articre 226 of rhe constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or direction and more particurarry one in the nature of writ of l\,4andamus declaring the action of Respondent No.2 in not paying the unpaid salary of the petitioner from dated 08-05-2023 tiri dated 3o-11-2024 is arbitrary, illegar and u nco nstitutionar and consequenfly direct remit the unpaid Salaries of the Petitioner stating from 0g-05-2023 to til dated to the credit of Respondent No.2 Authority and with a further direction to Respondent No.2 to pay with immed :rte € credit from Respo I 1r I : No 3 to 5 Authority' (lct the unpaid salary of the petitioner uJrc n teceipt of such lA NO: 1 oF 2025 Petition ttrl ],:r jection 151 CPC praying that in the Circtlm StanCeS Stated in the affidavit ii e ,< support of the petition' the High Court n ay be pleased to pass interim d rectio , lry clirecting Respondent No 2 to 5 pay th') u npaiC salary of thePetitionerf.rltn<:l]edosl05l2O23tilldated30lllt2024andoelndingdisposal of the above \ /ri' l:1 t ,ln. Counsel for the t'r:t :'oner: SRI SUBRAMANYAM DARABOINA Counsel for the tl')s pondent No'1 & 4: GP FOR GENERAL ADIJIINISTRATION Counsel for the ll:r prondent No'2 & 3: AGP FOR SOCIAL WF-LFA'RE Counsel for the lRa: 1:ondent No'5: GP FOR FINANCE & PLANNING The Court macle tar following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITIoN No.1379 ()F 20 25 ORDER: Heard Sri Subramanyam Daraboina, learned counsel 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.s. 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 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 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 AuLhority and to pass...". 2 SN, J P L179 2024 M inorities C c r-r petition crrr of the Ccim rr i past 10 Tr )'1
3. Thr: : t: : of the petitioner, in brief, is thert ..he cetitioner ilted as Advisor to the Chairman, 'fela -tgana State had been a1t;r nission on 08.05.2023. The Chairm;rn and staff i,;ion are not paid their monthly sa a.ies for the -:; since the date of filing of the pre:;ent writ :r.3.01.2025. The Telangana Stat3 t,4inorities t, 1998 and Regulations 2000 manda[ers r:he State . provide the required budget tD c,lrry out . true spirit but the respondents however failed to ,'ide sufficient budget for the funr:fionlng o1 i Minorities Commission. opera tio n r; ir I act anc pr( Governmenl I Commission ,r,r Telangana St,r t It is frrrt Telangana l:; respect ol 1f € respondent r:o r W.P. No. li 15, petitioner's; -Cr for release cf t_l 536 of 202!; i release of silla :r the case of the petitioner that the C,tairman, .,r I\4inorities Commission had reprr:sented in ytetitioner and other working staff rf the 2nd r -nission and also approached this Court by filing -.tf 2025 seeking a direction to corsider the .,-)sentations dated 18.10.2023 and 2 7.12.2023 : salary of the petitioner thereunder in \,V.p. No. r d also the representations which perj:ains to ':rs for the working staff of the 2nd resl:ondent Commission a.rr also its arrears and this Court had dis6r95sfl qp 3 SN, J wP 1379 2024 the said writ petition No. 536 of 2025 on 07.0L.2025, directing the respondent Nos.2 to 5, thereunder to consider the grievance of the petitioner thereunder as put forth in the said represe n tation s. 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 Advisor 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 wrlt 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 SN, J lvP l:79 2024 l-lrt: :arned Assistant Government Pleader ,br Social
5. Welfare ap[)oe " ng on behalf of the respondents dor:s not dispute the said ;ubrr ,;sion made by the learned counsel atp,:aring on beha lf of tne p:,':itioner.
6. Takin , nto consi deration: (a ) 'l-t e facts and circumstances of the caser, (b) f re submissions made by the learned counsel appearing o r behalf of the petitioner and the learned Assistant Go"ernment Pleader for Social Welfare, (c) 'l'l'e fact as borne on record that the petitioner had not rel rresented as on date and put forth the grievance of lhe petitioner as put forth in the present writ petition seel.ing release of petitioner's unpaid salaries since the d rte of petitioner's appointment i,e since
08.05.202:3 i,s Adviser to the Chairman, Telangana State Minorities Co nmission, (d) l h r order of this Court dated Ct7.OL.2O2S passed in !i,. ) No. 536 of 2025 filed by OSD - Chairman, Telangana lit,rte Minorities Commission, This (lc rrrt opines that no Writ of Mandamus as prayed for b' the petitioner can be issued, since there is 5 SN, .I '$tP t379 2024 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 2"d 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 Adviser to the Chairman, Telangana State Minorities Commission i.e. since O8.O5.2O23 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. 6 SN, J \\tP t379 )024 The, rris ::llaneous applications, pending ii any sltall stand To, closed. \- //TRUE COPY/i SD/- L. L,AKSHMI BABU ASSIbT\NT REGISTRAR .1 .\ ' 'r sEc rloN oFFlcER r The Prl 3e c'. ry to Government GAD Telangana Jtate l': t rr BR Ambedkar ' S"ir"irri,. ft,t'iabad. State ofTelangana' 2. The Cl-rairnr: I Telangana State tVlinorities Commissi'rr ' lllr/WSSB' Rear ' sr"".rl,i,ri r : ''. Khairt-abad, Hydrabad' TS' 3. The Prl S: r :1ry to Government Minorities Welkre D';[ dn'nent Telangana " iirt" nt ii.:l ' qhu"or.Ii5""i"lrait' Hvderabad statt or'-el tnqana a The Chir:I :;( (retary to Government' Telangana State At tlr BR Ambedkar - s"ir"t i,t 1 ' ,;'abid State of Telangana '5;"'"friir H rd' rabad state of ](.'tarytoGovernmentFinanceDepartm),t.[elanganaState 5. The Pri rl 'i ,iE 'ni"oi sn Aro"or,t Telangan;t Telanganll '
6. One CC tr Il i I SUBRAMANYAIM DARABOINA' Advocate tC PUCI 7 T\^/n co'c tr l[) FORGENERAL ADIVIINISTRATION H gr Court forthe State ' oii"6iii, rr rt Hyderabad [oUT] B. Two CCs Telang;an 9. lwo (-(, Telangar a a l-{yderabad [OUT] r t GP FOR SOCIAL WELFARE' High a : lyderabad [OUT] o';PFORFINANCE&PLANNING'High3'rurtfortheStateof Cc rrt for the State of
10.Two CD )::'1 i:s BSR GJP (, \I HIGH COURl DATED: 18101t2025 ORDER WP.No.1379 af 2025 t',: ) ;TATE o 'lt \\N( N15 b, . ...,j I ir,{ l ) o 3 .b, * DISPOSIN,G OF THE WRIT PETITION, WITHOUI"( OSTS \'rL .-- t5 )I 12a t