✦ High Court of India · 07 Jan 2025

High Court · 2025

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Bench
Not available
Length
1,147 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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 considering the petitioners representations dated oslo\l2o24 and 31to\t2o24 is arbitrary, illegal and unconstitutional and consequenfly direct respondent No.2 to 5 to consider the petitioners representations dated O5lOBl2O24 and 31t08t2024 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 O8-lOSl2O23 till dated 3011112024 and pending disposal of the above writ petition Courrcel fortle Petitioner: SRl. SUBRAUANYAU OARABO|NA Counsel for the Respondent Nos. 1&4: GP FOR GENERAL ADirltrllSTRATlOIil Counoel for the Respondent Nos. 2&3: GP FOR SOCTAL VUELFARE Counset for the Respondent I{o.5: GP FOR FINAilCE The Courtma& the follwing: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.536 0F 2025 ORD ER: Heard Sri Subramanyam Daraboyina, learned counsel appearing on behalf of the petitioner, learned Government Pleader for General Administration appearing on behalf of the respondent Nos.1 and 4, learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.2 and 3 and the learned Government Pleader for Finance, appearing on behalf of respondent No.5.

2. The Detitioner aDDroached the Court seekinq oraver as "...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 considering the petitioner's representations dated 05-08-2024 and 31-08- 2024 is arbitrary, illegal and unconstitutional and consequently, direct respondent No.2 to 5 to consider the petitioner's representations dated 05-08-2024 and 31-08- 2024 and to pass such other order or orders as this Hon'ble Court may deems flt just and proper in the circumstances oF the case." I 2 SN.J wp_5i6 2025 3' The case of the petitioner in brief is that, the petitioner was appointed as oSD to the chairman of relangana state Minorities Commission on 08.05.2023. Despite repeated requests, the Government has faired to provide sufficient budget, resurting in non-payment of sararies to the chairman and staff for 10 months. The Commission's functioning is hindered due to rack of funds. Hence, the petitioner along with another employee B.Hassain Saheb, submitted representations dated 05.08.2024 and 3I.08.2024 to the respondent No.3 herein requesting the respondent No.3 for payment of petitioner,s salary and conveyance allowance with effect from 08.05.2023. However, no action has been taken by the respondent authorities on the said representations. Aggrieved by the same, the present writ petition is filed.

4. The petitioner in the said representations dated 05.08.2024 and 31.08.2024, specifically referred to the orders of this Court dated 01.04.2024 passed in W.p.No.294g of 2024 which had been filed on an earlier occasion by the Terangana state Minorities Commission represented by its Chairman, Mr.Tariq Ansari and which had been disposed of in favour of the petitioner therein on OL.O4.2024, however, though the said representations of the SN,J wP _536 -2025 petitioner dated 05.08.2024 and 31.0a.2O24 had been -) acknowledged by the office of the respondent No.3 herein, yet, no action has been taken by the respondent No.3 on the said representations. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

5. Learned Government Pleader for Social Welfare submits that the writ petition could be disposed of directing the respondent Nos.2 to 5 to consider the representations of the petitioner dated 05.08.2024 and 31.08.2024 in accordance to law within a reasonable period.

6. Takino into consideration: \ a) the submissions made by the learned counsel appearing on behalf of the petitioner, b) the submissions made by the learned Government Pleader for Social Welfare, c) the contents of the representations submitted by the petitioner dated O5.O8.2O24 and 31.O8.2O24 and d) the order of this Court dated OL.O4.2O24 in W.P.No.2948 of 2024, The writ petition is disposed of directing the respondent Nos.2 to 5 to consider the grievance of the l SN,.I rvp 516 2025 petitioner as put forth by the petitioner in the representations dated 05.08.2024 and 3t.a.2OZ4 for payment of petitioner,s salary and conveyance ailowance w.e.f. 08.o5.2o23 and pass appropriate orders in accordance to law within a period of two(2) weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioner. However, there shail be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR To, //TRUE COPY// SE OFFICER Secretarait, T. S., Hyderabad Ambedkar Secretariat,T.S., Hyderabad Block, 4th Floor, Kjiairtabad, Hyderabad, TS. Telangana State At Dr BR Ambedkar Secretarait, Hyderabad

1. The Principal Secretary to Govemment GAD Telangana State At Dr BR 2. lhe Chairman, Telangana State Minorities Commission, HMWSSB, Rear 3. The Principal Secretary to Govemment Minorities Welfare Department 4. The Chief Secretary to Govemment, Telangana State At Dr BR Ambedkar S Ilq P_qcipql Secretary to Government Finance Department Telangana State 6. One CC to SRl. SUBRAMANYAM DARABOINA, Advocate tOpUCl 7. Two CCs to GP FOR GENERAL ADM|N|STRATION ,High bourt f<irthe State B. Two CCs to cP FOR SOCIAL WELFARE High Court for the State of 9. Two CCs to GP FOR FINANCE, High Court for the State of Telangana, at At Dr BR Ambedkar Secretariat, Hyderabad of Telangana at Hyderabad [OUTI Telangana, at Hyderabad [OUT] Hyderabad [OUT]

10.Two CD Copies BM BS 6 HIGH COURT DATED:07lUlm25 ORDER WP.No.536 ot 2025 Set{1 ra rc: t i c 2 0 JAN 2[25 v z a t DE P T a t 9O DISPOSING OF THE WRIT PETITION WITHOUT COSTS cgof' W

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